Terms of Service
1.1 Welcome to the Promall platform (the "Site"). Please read the following Terms of Service carefully before using this Site or opening a Promall account ("Account") so that you are aware of your legal rights and obligations with respect to Promall Limited and its affiliates and subsidiaries (individually and collectively, "Promall", "we", "us" or "our"). The "Services" we provide or make available include (a) the Site, (b) the services provided by the Site and by Promall client software made available through the Site, and (c) all information, linked pages, features, data, text, images, photographs, graphics, music, sounds, video, messages, tags, content, programming, software, application services (including, without limitation, any mobile application services) or other materials made available through the Site or its related services ("Content"). Any new features added to or augmenting the Services are also subject to these Terms of Service. These Terms of Service govern your use of Services provided by Promall.
1.2 The Services include an online platform service that provides a place and opportunity for the sale of goods between the buyer (“Buyer”) and the seller (“Seller”) (collectively “you”, “Users” or “Parties”). The actual contract for sale is directly between Buyer and Seller and Promall is not a party to that or any other contract between Buyer and Seller and accepts no obligations in connection with any such contract. Parties to such transaction will be entirely responsible for the sales contract between them, the listing of goods, warranty of purchase and the like. Promall is not involved in the transaction between Users. Promall may or may not pre-screen Users or the Content or information provided by Users. Promall reserves the right to remove any Content or information posted by you on the Site in accordance to Section 6.4 herein. Promall cannot ensure that Users will actually complete a transaction.
1.4 Promall reserves the right to change, modify, suspend or discontinue all or any part of this Site or the Services at any time or upon notice as required by local laws. Promall may release certain Services or their features in a beta version, which may not work correctly or in the same way the final version may work, and we shall not be held liable in such instances. Promall may also impose limits on certain features or restrict your access to parts of, or the entire, Site or Services in its sole discretion and without notice or liability.
1.5 Promall reserves the right to refuse to provide you access to the Site or Services or to allow you to open an Account for any reason.
BY USING Promall SERVICES OR OPENING AN ACCOUNT, YOU GIVE YOUR IRREVOCABLE ACCEPTANCE OF AND CONSENT TO THE TERMS OF THIS AGREEMENT, INCLUDING THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR LINKED HERETO.
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OUR SERVICES OR ACCESS THE SITE. IF YOU ARE UNDER THE AGE OF 18 OR THE LEGAL AGE FOR GIVING CONSENT HEREUNDER PURSUANT TO THE APPLICABLE LAWS IN YOUR COUNTRY (THE “LEGAL AGE”), YOU MUST GET PERMISSION FROM A PARENT OR LEGAL GUARDIAN TO OPEN AN ACCOUNT AND THAT PARENT OR LEGAL GUARDIAN MUST AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT KNOW WHETHER YOU HAVE REACHED THE LEGAL AGE, OR DO NOT UNDERSTAND THIS SECTION, PLEASE DO NOT CREATE AN ACCOUNT UNTIL YOU HAVE ASKED YOUR PARENT OR LEGAL GUARDIAN FOR HELP. IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A MINOR WHO IS CREATING AN ACCOUNT, YOU MUST ACCEPT THE TERMS OF THIS AGREEMENT ON THE MINOR'S BEHALF AND YOU WILL BE RESPONSIBLE FOR ALL USE OF THE ACCOUNT OR COMPANY SERVICES USING SUCH ACCOUNT, WHETHER SUCH ACCOUNT IS CURRENTLY OPEN OR CREATED LATER.
(b) agree and acknowledge that the proprietary rights of your User Information are jointly owned by you and Promall; and
(c) shall not, whether directly or indirectly, disclose your User Information to any third party, or otherwise allow any third party to access or use your User Information, without Promall’s prior written consent.
2.2 Users in possession of another User’s personal data through the use of the Services (the “Receiving Party”) hereby agree that, they will (i) comply with all applicable personal data protection laws with respect to any such data; (ii) allow the User whose personal data the Receiving Party has collected (the “Disclosing Party”) to remove his or her data so collected from the Receiving Party’s database; and (iii) allow the Disclosing Party to review what information have been collected about them by the Receiving Party, in each case of (ii) and (iii) above, in compliance with and where required by applicable laws.
3. LIMITED LICENSE
3.1 Promall grants you a limited and revocable license to access and use the Services subject to the terms and conditions of these Terms of Service. All proprietary Content, trademarks, service marks, brand names, logos and other intellectual property (“Intellectual Property”) displayed in the Site are the property of Promall and where applicable, third party proprietors identified in the Site. No right or licence is granted directly or indirectly to any party accessing the Site to use or reproduce any Intellectual Property, and no party accessing the Site shall claim any right, title or interest therein. By using or accessing the Services you agree to comply with the copyright, trademark, service mark, and all other applicable laws that protect the Services, the Site and its Content. You agree not to copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, rent, sell, or create derivative works of any portion of the Services, the Site or its Content. You also may not, without our prior written consent, mirror or frame any part or whole of the contents of this Site on any other server or as part of any other website. In addition, you agree that you will not use any robot, spider or any other automatic device or manual process to monitor or copy our Content, without our prior written consent (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this website).
3.2 You are welcome to link to the Site from your website, provided that your website does not imply any endorsement by or association with Promall. You acknowledge that Promall may, in its sole discretion and at any time, discontinue providing the Services, either in part or as a whole, without notice.
Any software provided by us to you as part of the Services is subject to the provisions of these Terms of Service. Promall reserves all rights to the software not expressly granted by Promall hereunder. Any third-party scripts or code, linked to or referenced from the Services, are licensed to you by the third parties that own such scripts or code, not by Promall.
5. ACCOUNTS AND SECURITY
5.2 You agree to (a) keep your password confidential and use only your User ID and password when logging in, (b) ensure that you log out from your account at the end of each session on the Site, (c) immediately notify Promall of any unauthorized use of your Account, User ID and/or password, and (d) ensure that your Account information is accurate and up-to-date. You are fully responsible for all activities that occur under your User ID and Account even if such activities or uses were not committed by you. Promall will not be liable for any loss or damage arising from unauthorized use of your password or your failure to comply with this Section.
5.3 You agree that Promall may for any reason, in its sole discretion and with or without notice or liability to you or any third party, immediately terminate your Account and your User ID, remove or discard from the Site any Content associated with your Account and User ID, withdraw any subsidies offered to you, cancel any transactions associated with your Account and User ID, temporarily withhold any sale proceeds or refunds, and/or take any other actions that Promall deems necessary. Grounds for such actions may include, but are not limited to, (a) extended periods of inactivity, (b) violation of the letter or spirit of these Terms of Service, (c) illegal, fraudulent, harassing, defamatory, threatening or abusive behaviour (d) having multiple user accounts for illegitimate reasons, or (e) behaviour that is harmful to other Users, third parties, or the business interests of Promall. Use of an Account for illegal, fraudulent, harassing, defamatory, threatening or abusive purposes may be referred to law enforcement authorities without notice to you. If a legal dispute arises or law enforcement action is commenced relating to your Account or your use of the Services for any reason, Promall may terminate your Account immediately with or without notice.
5.4 Users may terminate their Account if they notify Promall in writing (including via email at email@example.com) of their desire to do so. Notwithstanding any such termination, Users remain responsible and liable for any incomplete transaction (whether commenced prior to or after such termination), shipment of the product, payment for the product, or the like, and Users must contact Promall after he or she has promptly and effectively carried out and completed all incomplete transactions according to the Terms of Service. Promall shall have no liability, and shall not be liable for any damages incurred due to the actions taken in accordance with this Section. Users waive any and all claims based on any such action taken by Promall.
5.5 You may only use the Services and/or open an Account if you are located in one of our approved countries, as updated from time to time.
6. TERM OF USE
6.1 The license for use of this Site and the Services is effective until terminated. This license will terminate as set forth under these Terms of Service or if you fail to comply with any term or condition of these Terms of Service. In any such event, Promall may affect such termination with or without notice to you.
6.2 You agree not to:
(a) upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, alarming, distressing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) violate any laws, including without limitation any laws and regulation in relation to export and import restrictions, third party rights or our Prohibited and Restricted Items policy;
(c) use the Services to harm minors in any way;
(d) use the Services to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
(e) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
(f) remove any proprietary notices from the Site;
(g) cause, permit or authorize the modification, creation of derivative works, or translation of the Services without the express permission of Promall;
(h) use the Services for the benefit of any third party or any manner not permitted by the licenses granted herein;
(i) use the Services for fraudulent purposes;
(j) manipulate the price of any item or interfere with other User's listings;
(k) take any action that may undermine the feedback or ratings systems;
(l) attempt to decompile, reverse engineer, disassemble or hack the Services (or any portion thereof), or to defeat or overcome any encryption technology or security measures implemented by Promall with respect to the Services and/or data transmitted, processed or stored by Promall;
(m) harvest or collect any information about or regarding other Account holders, including, without limitation, any personal data or information;
(n) upload, email, post, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(o) upload, email, post, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(p) upload, email, post, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other unauthorized form of solicitation;
(q) upload, email, post, transmit or otherwise make available any material that contains software viruses, worms, Trojan-horses or any other computer code, routines, files or programs designed to directly or indirectly interfere with, manipulate, interrupt, destroy or limit the functionality or integrity of any computer software or hardware or data or telecommunications equipment;
(r) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other Users of the Services are able to type, or otherwise act in a manner that negatively affects other Users' ability to engage in real time exchanges;
(s) interfere with, manipulate or disrupt the Services or servers or networks connected to the Services or any other User's use and enjoyment of the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
(t) take any action or engage in any conduct that could directly or indirectly damage, disable, overburden, or impair the Services or the servers or networks connected to the Services;
(u) use the Services to intentionally or unintentionally violate any applicable local, state, national or international law, rule, code, directive, guideline, policy or regulation including, without limitation, laws and requirements (whether or not having the force of law) relating to anti-money laundering or counter-terrorism;
(v) use the Services in violation of or to circumvent any sanctions or embargo administered or enforced by the U.S. Department of Treasury’s Office of Foreign Assets Control, the United Nations Security Council, the European Union or Her Majesty’s Treasury;
(w) use the Services to violate the privacy of others or to "stalk" or otherwise harass another;
(x) infringe the rights of Promall, including any intellectual property rights and any passing off of the same thereof;
(y) use the Services to collect or store personal data about other Users in connection with the prohibited conduct and activities set forth above; and/or
(z) list items which infringe upon the copyright, trademark or other intellectual property rights of third parties or use the Services in a manner which will infringe the intellectual property rights of others.
6.3 You understand that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that you, and not Promall, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the Site. You understand that by using the Site, you may be exposed to Content that you may consider to be offensive, indecent or objectionable. To the maximum extent permitted by applicable law, under no circumstances will Promall be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of, or reliance on, any Content posted, emailed, transmitted or otherwise made available on the Site.
6.4 You acknowledge that Promall and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, delete, remove or move any Content, including without limitation any Content or information posted by you, that is available on the Site. Without limiting the foregoing, Promall and its designees shall have the right to remove any Content (i) that violates these Terms of Service; (ii) if we receive a complaint from another User; (iii) if we receive a notice of intellectual property infringement or other legal instruction for removal; or (iv) if such Content is otherwise objectionable. We may also block delivery of a communication (including, without limitation, status updates, postings, messages and/or chats) to or from the Services as part of our effort to protect the Services or our Users, or otherwise enforce the provisions of these Terms and Conditions. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including, without limitation, any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you have not and, to the maximum extent permitted by applicable law, may not rely on any Content created by Promall or submitted to Promall, including, without limitation, information in Promall Forums and in all other parts of the Site.
6.5 You acknowledge, consent to and agree that Promall may access, preserve and disclose your Account information and Content if required to do so by law or pursuant to an order of a court or by any governmental or regulatory authority having jurisdiction over Promall or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Service; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Promall, its Users and/or the public.
7. VIOLATION OF OUR TERMS OF SERVICE
7.1 Violations of this policy may result in a range of actions, including, without limitation, any or all of the following:
- Listing deletion
- Limits placed on Account privileges
- Account suspension and subsequent termination
- Criminal charges
- Civil actions, including without limitation a claim for damages and/or interim or injunctive relief
7.2 If you believe a User on our Site is violating these Terms of Service, please contact firstname.lastname@example.org.
8. REPORTING INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT
8.1 The Users are independent individuals or businesses and they are not associated with Promall in any way. Promall is neither the agent nor representative of the Users and does not hold and/or own any of the merchandises listed on the Site.
8.2 If you are an intellectual property right owner (“IPR Owner”) or an agent duly authorized by an IPR Owner (“IPR Agent”) and you believe that your right or your principal’s right has been infringed, please notify us in writing by email to email@example.com and copy legal@Promall.com and provide us the documents requested below to support your claim. Do allow us time to process the information provided. Promall will respond to your complaint as soon as practicable.
8.3 Complaints under this Section 8 must be provided in the form prescribed by Promall, which may be updated from time to time, and must include at least the following: (a) a physical or electronic signature of an IPR Owner or IPR Agent (collectively, “Informant”); (b) a description of the type and nature of intellectual property right that is allegedly infringed and proof of rights; (c) details of the listing which contains the alleged infringement; (d) sufficient information to allow Promall to contact the Informant, such as Informant’s physical address, telephone number and e-mail address; (e) a statement by Informant that the complaint is filed on good faith belief and that the use of the intellectual property as identified by the Informant is not authorized by the IPR Owner or the law; (f) a statement by the Informant that the information in the notification is accurate, indemnify us for any damages we may suffer as a result of the information provided by and that the Informant has the appropriate right or is authorized to act on IPR Owner’s behalf to the complaint.
9. PURCHASE AND PAYMENT
9.1 Promall supports one or more of the following payment methods in each country it operates in:
(i) Credit Card
Card payments are processed through third-party payment channels and the type of credit cards accepted by these payment channels may vary depending on the jurisdiction you are in.
(ii) Cash on Delivery (COD)
Promall provides COD services in Metro Manila. Buyers may pay cash directly to the deliver agent upon their receipt of the purchased item.
9.2 Buyer may only change their preferred mode of payment for their purchase prior to making payment.
9.3 Promall takes no responsibility and assume no liability for any loss or damages to Buyer arising from shipping information and/or payment information entered by Buyer or wrong remittance by Buyer in connection with the payment for the items purchased. We reserve the right to check whether Buyer is duly authorized to use certain payment method, and may suspend the transaction until such authorisation is confirmed or cancel the relevant transaction where such confirmation is not available.
9.4 At the moment, Promall is only able to make payment to Users via bank transfer. Hence, Users are required to provide Promall with his/her banking details in order to receive payments i.e. from the sale of item or refund from Promall.
10. PROMALL WALLET
10.1 Promall Wallet is a service provided by Promall or its authorized agent to facilitate the storage of money you receive from your sales proceeds and refunds for purchases made via bank transfer, cash payment or your Promall Wallet. The sum of this money, minus any withdrawals, will be reflected as your Promall Wallet balance.
10.2 You may transfer funds from your Promall Wallet (up to the amount of your Promall Wallet balance) to your linked bank account (“Linked Account”) by submitting a transfer request (“Withdrawal Request”) a maximum of once per day. Promall may also automatically transfer funds from your Promall Wallet to your Linked Account on a regular basis, as determined by Promall. Promall shall only process such transfers on business days and such transfers may take up to two business days to be credited to your Linked Account.
10.3 Each User is entitled to a maximum number of one (1) free Withdrawal Requests per week. Promall may impose a fee of ₱50 (₱500 for BPI Family Savings) for each additional Withdrawal Request made in excess of such maximum number in a given week (“Withdrawal Fee”). The maximum number of free Withdrawal Requests each User is entitled to and the amount of Withdrawal Fees charged are subject to change at Promall’s discretion.
10.4 Money from your sale of items on Promall shall be credited to your Promall Wallet within one (1) day after Buyer has acknowledged that they have received the item. Money from refunds of items on Promall shall be credited to your Promall Wallet within one (1) day of the return or refund request being approved.
10.5 Once submitted, you may not modify or cancel a Withdrawal Request.
10.6 If there is an error in the processing of any transaction, you authorize us to initiate debit or credit entries to your designated bank account, to correct such error, provided that any such correction is made in accordance with applicable laws and regulations. If we are unable to debit your designated bank account for any reason, you authorize us to resubmit the debit, plus any applicable fees, to any other bank account or payment instrument that you have on file with us or to deduct the debit and applicable fees from your Promall Wallet balance in the future.
11. PROMALL PROTECT
11.1 Promall Protect is a service provided by Promall or its authorized agent to protect purchases. To protect against the risk of liability, payment for purchases made to Seller using the Services will be held by Promall or its authorized agent (“Promall Protect Account”) and Promall will not use your funds for its operating expenses or any other corporate purposes. Seller will not receive interest or other earnings from the sum you have paid into Promall Protect Account.
11.2 After Buyer makes payment for his/her order (“Buyer’s Purchase money”), Buyer’s Purchase money will be held in Promall Protect Account until:
(a) Buyer sends confirmation to Promall that Buyer has received his/her goods, in which case, unless 11.2(d) applies, Promall will release Buyer’s Purchase money in Promall Protect Account to Seller;
(b) Promall Protect Period (or any approved extension under 11.3) expires, in which case, unless 11.2(c) or 11.2(d) applies, Promall will release Buyer’s Purchase money in Promall Protect Account to Seller;
(c) Promall determines that Buyer’s application for a return of goods and/or refund is successful, in which case, unless 11.2(d) applies, Promall will provide a refund to Buyer, subject to and in accordance with the Refunds and Return Policy;
(d) such other time as Promall reasonably determines that a distribution of Buyer’s Purchase money is appropriate, including, without limitation, where it deems reasonably necessary to comply with applicable law or a court order or to enforce these Terms of Service.
Promall Protect is only offered to Buyers who have made payment through the channels provided by Promall into Promall Protect Account. Offline arrangements between Buyer and Seller will not be covered under Promall Protect.
11.3 Payments made through Promall channels will be held in the Promall Protect Account for a specified period of time (the “Promall Protect Period”). To find out more about the Promall Protect Period, please click this link. Buyer may apply for a one-time extension of Promall Protect Period prior to the expiry of the applicable Promall Protect Period, subject to and in accordance with the Refunds and Return Policy. Upon Buyer’s application, Promall Protect Period may be extended for a maximum period of three (3) days unless Promall in its sole discretion determines that a longer extension is appropriate or required.
11.5 The Promall Protect is in addition and without limitation to Buyer’s and Seller’s obligations under applicable law, which may go above and beyond what is provided for by the Promall Protect. The Promall Protect is neither intended nor designed to assist Buyer or Seller in complying with its own legal obligations, for which each party will remain solely responsible, and Promall accepts no liability in connection with the same. Without limitation, the Promall Protect does not constitute a product warranty.
11.6 Buyer and Seller acknowledge and agree that Promall’s decision (including any appeals) in respect of and relating to any issues concerning the Promall Protect is final.
11.7 For the avoidance of doubt, any transactions not conducted on the Site will not qualify for the protection offered by Promall Protect.
12. Credit Reward System
12.1 Users may earn loyalty points (“ Credit”) by buying merchandises on the Site using the Promall Protect system or through participation in other Promall activities as Promall may from time to time determines (“Eligible Activities”) based on the conversion rate determined by Promall in its sole discretion. Generally, Promall Credits will be credited to a User’s Account upon the completion of a successful transaction or activity approved by Promall. You are eligible to participate in the Promall Credits reward system if you are an User and your Account does not expressly exclude you from participation.
12.2 Transaction not completed on the Site using Promall Protect do not qualify for the Promall Credits reward system. Promall may at its sole discretion exclude categories of items from the Promall Credits reward system.
12.3 Promall Credits has no monetary value, does not constitute your property and cannot be purchased, sold, transferred or redeemed for cash.
12.4 Subject to Promall rules and regulation as determined, varied or modified by Promall from time to time, subject to any cap imposed by Promall at its sole discretion, User may redeem Promall Credits by sending a request to Promall and use Promall Credits to offset the purchase price of selected items when making purchases on the Site as advised by Promall from time to time. All refunds will be subject to Promall’s Refunds and Return Policy under Section 14.4.
12.5 The Promall Credits you redeem will be deducted from your Promall Credits balance. Each Promall Credits comes with an expiry date. Do check your account details on the Site for Promall Credits balances and expiry date.
12.6 From time to time, we may tell you that bonus Promall Credits will be awarded for particular Eligible Activities. This may include but is not limited to purchases you make at participating Sellers or pursuant to specific promotional offers. We will notify you of the terms of such bonus awards if any from time to time.
12.7 If you have a dispute in relation to the number of Promall Credits which you have been awarded in respect of an Eligible Activity, such a dispute must be made within one (1) month from the date of the Eligible Activity. We may require you to provide evidence to support your claim.
12.8 Promall gives no warranty and accepts no responsibility as to the ultimate tax treatment of Promall Credits. You will need to check with your tax advisor whether receiving Promall Credits affects your tax situation.
12.9 Promall reserves the right to (i) discontinue the Promall Credits Reward System at any time at its sole discretion and (ii) cancel or suspend a User’s right to participate in Promall Credits Reward System, including the ability to earn and redeem Promall Credits at its sole discretion.
13.1 Promall will inform Seller when Promall receives Buyer’s Purchase money. Unless otherwise agreed with Promall, Seller should then make the necessary arrangements to have the purchased item delivered to Buyer and provide details such as the name of the delivery company, the tracking number, etc. to Buyer through the Site.
13.2 Seller must use his/her best effort to ensure that Buyer receives the purchased items within the Promall Protect Period.
13.3 Users understand that Seller bears all risk attached to the delivery of the purchased item(s) and warrants that he/she has or will obtain adequate insurance coverage for the delivery of the purchased item(s). In the event where the purchased item(s) is damaged,lost or failure of delivery during the course of delivery, Users acknowledge and agree that Promall will not be liable for any damage, expense, cost or fees resulted therefrom and Seller and/or Buyer will reach out to the logistic service provider to resolve such dispute.
13.4 For Cross-Border Transaction. Users understand that all cross-border import and export transaction are subject to local laws and regulations. Seller should familiarise himself/herself with all import and export restrictions that apply to the designating country. Seller acknowledges that Promall cannot provide any legal advice in this regard and agrees that Seller will bear all risks and liabilities associated with import and export of any Seller’s item to the designating country.
14. CANCELLATION, RETURN AND REFUND
14.1 Buyer may only cancel his/her order prior to the payment of Buyer’s Purchase money into Promall Protect Account.
14.2 Buyer may apply for the return of the purchased item and refund prior to the expiry of Promall Protect Period, if applicable, subject to and in accordance with Promall’s Refunds and Return Policy. Please refer to Promall’s Refunds and Return Policy for further information.
14.3 Promall reserves the right to cancel any transaction on the Site and Buyer agrees that Buyer’s sole remedy will be to receive a refund of the Buyer’s Purchase money paid into Promall Protect Account.
14.4 If you have redeemed Promall Credits for your transaction and you are successful in obtaining a refund based on Promall’s Refunds and Return Policy, Promall shall refund the money you have actually paid for the item and credit back any redeemed Promall Credits to your Account separately.
15. SELLER’S RESPONSIBILITIES
15.1 Seller shall properly manage and ensure that relevant information such as the price and the details of items, inventory amount and terms and conditions for sales is updated on Seller’s listing and shall not post inaccurate or misleading information.
15.2 The price of items for sale will be determined by the Seller at his/her own discretion. The price of an item and shipping charges shall include the entire amount to be charged to Buyer such as sales tax, value-added tax, tariffs, etc. and Seller shall not charge Buyer such amount additionally and separately.
15.3 Seller agrees that Promall may at its discretion engage in promotional activities for and on behalf of Seller to induce transactions between Buyer and Seller by reducing, discounting or refunding fees, or in other ways. The final price that Buyer will pay actually will be the price that such adjustment is applied to.
15.4 For the purpose of promoting the sales of the items listed by Seller, Promall may post such items (at adjusted price) on third-party websites (such as portal sites and price comparison sites) and other websites (domestic or foreign) operated by Promall.
15.5 Seller shall issue receipts, credit card slips or tax invoices to Buyer on request.
15.6 Seller acknowledges and agrees that Seller will be responsible for paying all taxes, customs and duties for the item sold and Promall cannot provide any legal or tax advice in this regard. As tax laws and regulations may change from time to time, Sellers are advised to seek professional advice if in doubt.
15.7 Seller acknowledge and agrees that Seller’s violation of any of Promall’s policy will result in a range of actions as stated in Section 7.1.
16. Paid Advertising
16.1 Promall will be launching keyword advertising and/or other advertising services (hereinafter referred to as "Paid Advertising") on its Paid Advertising Site on an ongoing basis. Sellers may purchase the Paid Advertising services. Promall provides the Paid Advertising services in accordance with these Terms of Service and any explanatory materials published on this Site, the Paid Advertising Site or otherwise communicated to Sellers in writing (hereinafter referred to as the "Paid Advertising Rules"). Sellers who purchase Paid Advertising services agree to be bound by the Paid Advertising Rules. If you are not agreeable to being bound by the Paid Advertising Rules, do not buy any Paid Advertising Services.
16.2 In order to purchase Paid Advertising services, you must be an eligible Seller under the Paid Advertising Rules. At the time when you purchase and pay for the Paid Advertising Services, your Account must not be suspended.
16.3 You may purchase Paid Advertising services by purchasing advertising credits on the Paid Advertising Site (“Advertising Credits”), and fees payable for the Paid Advertising services will be deducted from the Advertising Credits on a pay-per-click basis, as determined by Promall. All Advertising Credits will be subject to goods and services tax. Except as otherwise provided in the applicable Paid Advertising Rules, you may not cancel the order and/or request for a refund after you have purchased Advertising Credits and completed the payment process.
16.4 You have the option to purchase the keyword advertising service at the time you list an item for sale or subsequently. When you purchase the keyword advertising service, you can set different budgets, keywords, marketing periods, etc. for each item in accordance with the Paid Advertising Rules. The keyword advertising service for each item will be activated and will expire on the respective dates set by you (the “Keyword Advertising Period”). You will not be entitled to transfer the remaining Keyword Advertising Period or Advertising Credits to other items if an item is sold or unlisted during the Keyword Advertising Period you set for that item. The Advertising Credits will also not be refunded.
16.5 The goods you list on the Site must comply with all relevant laws and regulations, the Paid Advertising Rules, these Terms of Service and the Prohibited and Restricted Items Policy. You understand and agree that Promall has the right to immediately remove any listing which violates any of the foregoing and any Paid Advertising fees that you have paid or Advertising Credits you have used in relation to any listing removed pursuant to this Section 16.5 will not be refunded. Promall will also not be liable to compensate you for any loss whatsoever in relation to listings removed pursuant to this Section 16.5.
16.6 You understand and agree that Promall does not warrant or guarantee any increase in viewership or sales of your items as a result of the Paid Advertising services.
16.7 You are advised to only purchase Paid Advertising services after fully considering your budget and intended advertising objectives. Except as otherwise provided in these Terms of Service or the Paid Advertising Rules, Promall shall not be liable for any compensation or be subject to any liability (including but not limited to actual expenses and lost profits) for the results or intended results of any Paid Advertising service.
16.8 IF, NOTWITHSTANDING ANYTHING IN THESE TERMS OF SERVICE, Promall IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE LIABLE (INCLUDING FOR GROSS NEGLIGENCE) IN RELATION TO ANY PAID ADVERTISING SERVICE, THEN, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ITS LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE AMOUNT PAID BY YOU FOR THE PAID ADVERTISING SERVICE IN QUESTION ONLY.
17.1 Unless otherwise stated, Promall does not charge Users for the use of the Site.
17.2 For merchants, starting 1 October 2018 there will be 1.68 % service fee for every successful transactions.
17.3 Where fees are payable, the same will be subject to GST/VAT and other applicable taxes. Unless otherwise agreed, Seller is responsible for such taxes. Seller acknowledges and agrees that Promall may deduct its fees and any applicable taxes from the purchase money paid by Buyers. Promall shall issue receipts or tax invoices for fees and tax paid by Seller on request.
18.1 Promall encourages Users to communicate with each other in the event where problem arises in a transaction. As Promall is a platform for Users to conduct trading, Buyer should contact Seller directly for any issue relating to the Item purchased. In the alternative, Users may approach the claims tribunal of their local jurisdiction to resolve any dispute arising from a transaction.
18.2 Users covered under Promall Protect may send written request to Promall to assist them in resolving issues which may arise from a transaction upon request. Promall may, at its sole discretion and with absolutely no liability to Seller and Buyer, take all necessary steps to assist Users resolving their dispute. For more information, please refer to Promall’s Refunds and Return Policy.
18.3 To be clear, the services provided under this Section 18 are only available to Buyers covered under Promall Protect. Buyer using other payment means for his/her purchase should contact Seller directly.
19.1 Promall welcomes information and feedback from our Users which will enable Promall to improve the quality of service provided. Please refer to our feedback procedure below for further information:
(i) Feedback may be made in writing through email to or using the feedback form found on the App.
(ii) Anonymous feedback will not be accepted.
(iii) Users affected by the feedback should be fully informed of all facts and given the opportunity to put forward their case.
(iv) Vague and defamatory feedback will not be entertained.
20.1 THE SERVICES ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY Promall OF ANY KIND EITHER EXPRESSED, IMPLIED OR STATUTORY WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. WITHOUT LIMITING THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Promall DOES NOT WARRANT THAT THE SERVICES, THIS SITE OR THE FUNCTIONS CONTAINED THEREIN WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THIS SITE AND/OR THE SERVER THAT MAKES THE SAME AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS.
20.2 YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SITE AND/OR THE SERVICES REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
20.3 Promall HAS NO CONTROL OVER AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DOES NOT GUARANTEE OR ACCEPT ANY RESPONSIBILITY FOR: (A) THE FITNESS FOR PURPOSE, EXISTENCE, QUALITY, SAFETY OR LEGALITY OF ITEMS AVAILABLE VIA THE SERVICES; OR (B) THE ABILITY OF SELLERS TO SELL ITEMS OR OF BUYERS TO PAY FOR ITEMS. IF THERE IS A DISPUTE INVOLVING ONE OR MORE USERS, SUCH USERS AGREE TO RESOLVE SUCH DISPUTE BETWEEN THEMSELVES DIRECTLY AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RELEASE Promall AND ITS AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY SUCH DISPUTE.
21. EXCLUSIONS AND LIMITATIONS OF LIABILITY
21.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Promall BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY), OR OTHER CAUSE OF ACTION AT LAW, IN EQUITY, BY STATUTE OR OTHERWISE, FOR:
21.1.1 (A) LOSS OF USE; (B) LOSS OF PROFITS; (C) LOSS OF REVENUES; (D) LOSS OF DATA; (E) LOSS OF GOOD WILL; OR (F) FAILURE TO REALISE ANTICIPATED SAVINGS, IN EACH CASE WHETHER DIRECT OR INDIRECT; OR
21.1.2 ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING THEREFROM, EVEN IF Promall HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
21.2 YOU ACKNOWLEDGE AND AGREE THAT YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO REQUEST FOR TERMINATION OF YOUR ACCOUNT AND/OR DISCONTINUE ANY USE OF THE SERVICES.
21.3 IF, NOTWITHSTANDING THE PREVIOUS SECTIONS, Promall IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE LIABLE (INCLUDING FOR GROSS NEGLIGENCE), THEN, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ITS LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE LESSER OF: (A) ANY AMOUNTS DUE AND PAYABLE TO YOU PURSUANT TO THE Promall Protect;
21.4 NOTHING IN THESE TERMS OF SERVICE SHALL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY Promall’S NEGLIGENCE, FOR FRAUD OR FOR ANY OTHER LIABILITY ON THE PART OF Promall THAT CANNOT BE LAWFULLY LIMITED AND/OR EXCLUDED.
22. LINKS TO THIRD PARTY SITES
Third party links provided throughout the Site will let you leave this Site. These links are provided as a courtesy only, and the sites they link to are not under the control of Promall in any manner whatsoever and you therefore access them at your own risk. Promall is in no manner responsible for the contents of any such linked site or any link contained within a linked site, including any changes or updates to such sites. Promall is providing these links merely as a convenience, and the inclusion of any link does not in any way imply or express affiliation, endorsement or sponsorship by Promall of any linked site and/or any of its content therein.
23. YOUR CONTRIBUTIONS TO THE SERVICES
23.1 By submitting Content for inclusion on the Services, you represent and warrant that you have all necessary rights and/or permissions to grant the licenses below to Promall. You further acknowledge and agree that you are solely responsible for anything you post or otherwise make available on or through the Services, including, without limitation, the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with any Content contribution. You hereby grant Promall and its successors a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, copy, distribute, republish, transmit, modify, adapt, create derivative works of, publicly display, and publicly perform such Content contribution on, through or in connection with the Services in any media formats and through any media channels, including, without limitation, for promoting and redistributing part of the Services (and its derivative works) without need of attribution and you agree to waive any moral rights (and any similar rights in any part of the world) in that respect. You understand that your contribution may be transmitted over various networks and changed to conform and adapt to technical requirements.
24. THIRD PARTY CONTRIBUTIONS TO THE SERVICES AND EXTERNAL LINKS
24.1 Each contributor to the Services of data, text, images, sounds, video, software and other Content is solely responsible for the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with their Content contribution. As such, Promall is not responsible to, and shall not, regularly monitor or check for the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with any contribution of Content. You will not hold Promall responsible for any User's actions or inactions, including, without limitation, things they post or otherwise make available via the Services.
24.2 In addition, the Services may contain links to third party products, websites, services and offers. These third party links, products, websites and services are not owned or controlled by Promall. Rather, they are operated by, and are the property of, the respective third parties, and may be protected by applicable copyright or other intellectual property laws and treaties. Promall has not reviewed, and assumes no responsibility for the content, functionality, security, services, privacy policies, or other practices of these third parties. You are encouraged to read the terms and other policies published by such third parties on their websites or otherwise. By using the Services, you agree that Promall shall not be liable in any manner due to your use of, or inability to use, any website or widget. You further acknowledge and agree that Promall may disable your use of, or remove, any third party links, or applications on the Services to the extent they violate these Terms of Service.
25. YOUR REPRESENTATIONS AND WARRANTIES
You represent and warrant that:
(a) you possess the legal capacity (and in the case of a minor, valid parent or legal guardian consent), right and ability to enter into these Terms of Service and to comply with its terms; and
(b) you will use the Services for lawful purposes only and in accordance with these Terms of Service and all applicable laws, rules, codes, directives, guidelines, policies and regulations.
You agree to indemnify, defend and hold harmless Promall, and its shareholders, subsidiaries, affiliates, directors, officers, agents, co-branders or other partners, and employees (collectively, the "Indemnified Parties") from and against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, any other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to: (a) the Promall Protect, (b) the hosting, operation, management and/or administration of the Services by or on behalf of Promall, (c) your violation or breach of any term of these Terms of Service or any policy or guidelines referenced herein, (d) your use or misuse of the Services, or (e) your breach of any law or any rights of a third party.
If any provision of these Terms of Service shall be deemed unlawful, void, or for any reason unenforceable under the law of any jurisdiction, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions in such jurisdiction nor the validity and enforceability of the provision in question under the law of any other jurisdiction.
28. GOVERNING LAW
These Terms of Service shall be governed by and construed in accordance with the laws of the Republic of the Philippines without regard to its conflict of law rules.
29. GENERAL PROVISIONS
29.1 Promall reserves all rights not expressly granted herein.
29.2 Promall may modify these Terms of Service at any time by posting the revised Terms of Service on this Site. Your continued use of this Site after such changes have been posted shall constitute your acceptance of such revised Terms of Service.
29.3 You may not assign, sublicense or transfer any rights granted to you hereunder or subcontract any of your obligations.
29.4 Nothing in these Terms of Service shall constitute a partnership, joint venture or principal-agent relationship between you and Promall, nor does it authorise you to incur any costs or liabilities on Promall’s behalf.
29.5 The failure of Promall at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing.
29.6 These Terms of Service are solely for your and our benefit and are not for the benefit of any other person or entity, except for Promall's affiliates and subsidiaries (and each of Promall's and its affiliates' and subsidiaries' respective successors and assigns).
29.7 The terms set forth in these Terms of Service and any agreements and policies included or referred to in these Terms of Service constitute the entire agreement and understanding of the parties with respect to the Services and the Site and supersede any previous agreement or understanding between the parties in relation to such subject matter. The parties also hereby exclude all implied terms in fact. In entering into the agreement formed by these Terms of Service, the parties have not relied on any statement, representation, warranty, understanding, undertaking, promise or assurance of any person other than as expressly set out in these Terms of Service. Each party irrevocably and unconditionally waives all claims, rights and remedies which but for this Section it might otherwise have had in relation to any of the foregoing. These Terms of Service may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms.
29.8 If you have any questions or concerns about these Terms of Service or any issues raised in these Terms of Service or on the Site, please contacts us at: firstname.lastname@example.org.
LEGAL NOTICES: Please send all legal notices to email@example.com and Attention it to the “General Counsel”.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE AND ANY REVISION THE SAME HEREAFTER. BY CLICKING THE “SIGN UP ” OR “CONNECT WITH FACEBOOK” BUTTON BELOW, I UNDERSTAND THAT I AM CREATING A DIGITAL SIGNATURE, WHICH I INTEND TO HAVE THE SAME FORCE AND EFFECT AS IF I HAD SIGNED MY NAME MANUALLY.