terms.buudl.com
Open in
urlscan Pro
2600:9000:278c:b200:1b:bbf0:5900:93a1
Public Scan
URL:
https://terms.buudl.com/
Submission: On September 04 via api from US — Scanned from DE
Submission: On September 04 via api from US — Scanned from DE
Form analysis
0 forms found in the DOMText Content
TERMS AND CONDITIONS Last updated July 29, 2024 INTRODUCTION Welcome to the Buudl platform (the "Site"). Please read the following Terms of Service carefully before using this Site or opening a Buudl account ("Account") so that you are aware of your legal rights and obligations and its affiliates and subsidiaries (individually and collectively, "Buudl", "we", "us" or "our"). The "Services" we provide or make available include (a) the Site, (b) the services provided by the Site and by Buudl client software made available through the Site, and (c) all information, linked pages, features, data, text, images, photographs, graphics, music, sounds, video (including live streams), 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 Buudl. 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 Buudl 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. Buudl is not involved in the transaction between Users. Buudl may or may not pre-screen Users or the Content or information provided by Users. Buudl reserves the right to remove any Content or information posted by you on the Site per Section 6.4 herein. Buudl cannot ensure that Users will complete a transaction. Before becoming a User of the Site, you must read and accept all of the terms and conditions in, and linked to, these Terms of Service and you must consent to the processing of your data as described in the Buudl Privacy Policy linked hereto. Buudl 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. Buudl 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. Buudl 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, including, but not limited to, your failure to comply with these Terms of Service. Buudl 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 BUUDL 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. TABLE OF CONTENTS 1. OUR SERVICES 2. INTELLECTUAL PROPERTY RIGHTS 3. SOFTWARE 4. ACCOUNTS AND SECURITY 5. PRODUCTS 6. TERMS OF USE 7. VIOLATION OF OUR TERMS OF SERVICE 8. PURCHASE AND PAYMENT 9. GUIDELINES FOR REVIEWS 10. BUUDL PURCHASE PROTECTION 11. DELIVERY 12. CANCELLATION, RETURN AND REFUND 13. SELLER INCOME 14. SELLER'S RESPONSIBILITIES 15. SELLER FEES 16. DISPUTE RESOLUTION 17. SERVICE MANAGEMENT 18. PRIVACY POLICY 19. TERM AND TERMINATION 20. MODIFICATIONS AND INTERRUPTIONS 21. MOBILE APPLICATION LICENSE 22. GOVERNING LAW 23. DISCLAIMER 24. EXCLUSIONS AND LIMITATIONS OF LIABILITY 25. INDEMNIFICATION 26. USER DATA 27. GENERAL PROVISIONS 1. OUR SERVICES 1.1 The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. 2. INTELLECTUAL PROPERTY RIGHTS 2.1 We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks"). 2.2 Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world. 3. SOFTWARE 3.1 Any software provided by us to you as part of the Services is subject to the provisions of these Terms of Service. Buudl reserves all rights to the software not expressly granted by Buudl 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 Buudl. 4. ACCOUNTS AND SECURITY 4.1 Some functions of our Services require registration for an Account by selecting a unique user identification ("User ID") and password, and by providing certain personal information. If you select a User ID that Buudl, in its sole discretion, finds offensive or inappropriate, Buudl has the right to suspend or terminate your Account. You may be able to use your Account to gain access to other products, websites, or services to which we have enabled access or with which we have tied up or collaborated. Buudl has not reviewed, and assumes no responsibility for any third-party content, functionality, security, services, privacy policies, or other practices of those products, websites, or services. If you do so, the terms of service for those products, websites, or services, including their respective privacy policies, if different from these Terms of Service and/or our Buudl Privacy Policy, may also apply to your use of those products, websites, or services. 4.2 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 Buudl 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. Buudl will not be liable for any loss or damage arising from unauthorized use of your password or your failure to comply with this Section. 4.3 You agree that Buudl may, for any reason, in its sole discretion and with or without notice or liability to you or any third party, immediately terminate or suspend 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 or suspend any transactions associated with your Account and User ID, temporarily or in more serious cases permanently withhold any sale proceeds or refunds, and/or take any other actions that Buudl deems necessary. Grounds for such actions may include, but are not limited to, actual or suspected; 1. Extended periods of inactivity, as determined by us from time to time; 2. Violation of the letter or spirit of these Terms of Service; 3. Illegal, fraudulent, harassing, defamatory, threatening, or abusive behavior; 4. Having multiple user accounts; 5. Buying products on the Site for the purpose of commercial resale; 6. Abnormal or excessive purchasing of products from the same Seller or related group of Sellers; 7. Voucher or promotion abuse (including, but not limited to, selling of vouchers to third parties, selling of vouchers or other credits at a significant markup above face value, and/or abnormal or excessive use of vouchers on the Site); 8. Failure to make timely payment of any outstanding amount (or other obligation) owed to Buudl or any of its affiliates (subject to applicable law); 9. Creation, exploitation, or use of any unauthorized third-party software or products in conjunction with or to operate the functions available on Buudl; 10. Failure to pay any applicable tax, including withholding tax (if applicable), or to submit true and accurate documents as required by applicable laws or regulations, including the Verification Documents (as defined below); or 11. Behavior that is harmful to other Users, third parties, or the business interests of Buudl. Use of an Account for illegal, fraudulent, harassing, defamatory, threatening, or abusive purposes may be referred to law enforcement authorities without notice to you. Suppose a legal dispute arises or law enforcement action is commenced relating to your Account or your use of the Services for any reason. In that case, Buudl may terminate your Account immediately with or without notice. 4.4 Users may terminate their Account if they notify Buudl in writing (including via email at helpandsupport@buudl.com) of their desire to do so. You understand and agree that your account will, at the earliest, be terminated twenty-four (24) hours after the request for termination. 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 Buudl after he or she has promptly and effectively carried out and completed all incomplete transactions according to these Terms of Service. Buudl 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 Buudl. 4.5 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. 5. PRODUCTS 5.1 We make every effort to display the colors, features, specifications, and details of the products available on the Services as accurately as possible. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change. 6. TERMS OF USE 6.1 The license to use this Site and Services is effective until terminated. This may occur if you violate any terms or conditions. Buudl may terminate the license with or without notice. User Conduct Restrictions: 1. You agree not to upload, post, or transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable. 2. You agree not to violate any laws, including those related to export and import restrictions, or infringe on third-party rights. 3. You agree not to upload, post, or transmit content featuring an unsupervised minor or use the Services to harm minors. 4. You agree not to use the Services to impersonate any person or entity or misrepresent your affiliation with any person or entity. 5. You agree not to forge headers or manipulate identifiers to disguise the origin of any content transmitted through the Services. 6. You agree not to remove any proprietary notices from the Site. 7. You agree not to modify, create derivative works, or translate the Services without express permission from Buudl. 8. You agree not to use the Services for the benefit of any third party or in any manner not permitted by the licenses granted herein. 9. You agree not to use the Services or upload content in a manner that is fraudulent, unconscionable, false, misleading, or deceptive. 10. You agree not to open and/or operate multiple user accounts in violation of these Terms of Service. 11. You agree not to access the Buudl platform, open a user account, or access your account using any non-official Buudl hardware or software, including but not limited to emulators or bots. 12. You agree not to manipulate the price of any item or interfere with other Users' listings. 13. You agree not to take any action that may undermine feedback or ratings systems. 14. You agree not to attempt to decompile, reverse engineer, disassemble, or hack the Services or defeat or overcome any encryption or security measures implemented by Buudl. 15. You agree not to harvest or collect any information about other Account holders, including personal data. 16. You agree not to upload, post, or transmit content that you do not have a right to make available under any law or under contractual or fiduciary relationships. 17. You agree not to upload, post, or transmit content that infringes on any intellectual property rights of others. 18. You agree not to upload, post, or transmit any unsolicited advertising, promotional materials, or other unauthorized forms of solicitation. 19. You agree not to upload, post, or transmit material containing viruses, worms, Trojan horses, or other harmful computer code. 20. You agree not to disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other Users' ability to engage in real-time exchanges. 21. You agree not to interfere with, manipulate, or disrupt the Services or networks connected to the Services. 22. You agree not to engage in any conduct that could damage, disable, or impair the Services or the servers or networks connected to the Services. 23. You agree not to use the Services to intentionally or unintentionally violate any applicable law, rule, or regulation. 24. You agree not to use the Services to violate the privacy of others or to "stalk" or harass another. 25. You agree not to infringe the rights of Buudl, including any intellectual property rights. 26. You agree not to use the Services to collect or store personal data about other Users in connection with the prohibited conduct listed above. Buudl reserves the right to remove or block any content that violates these terms and may disclose your information to legal authorities if required. 7. VIOLATION OF OUR TERMS OF SERVICE 7.1 Violations of these Terms of Service may result in a range of actions, including, without limitation, any or all of the following: 1. Listing deletion 2. Limits placed on Account privileges 3. Account suspension and subsequent termination 4. Criminal charges 5. Civil actions, including without limitation a claim for damages and/or interim or injunctive relief 6. Withdrawal of any subsidies offered to you, cancellation or suspension of any transactions associated with your Account and User ID, the temporary or permanent withholding of sale proceeds or refunds, and/or initiation of debit or credit entries in your Seller Balance (if applicable) as outlined in Sections 4.3. 7. Any other action Buudl is authorized to undertake according to applicable laws 7.2 If you believe a User on our Site is violating these Terms of Service, please contact helpandsupport@buudl.com 8. PURCHASE AND PAYMENT 8.1 Buudl supports one or more of the following payment methods: 1. Credit 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. 2. Cash on Delivery (COD) - Buyers may pay cash directly to the delivery agent upon their receipt of the purchased item. 3. Other online payment channels - Buyers may pay through the various online payment channels available on the Site. 8.2 You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in Philippine Peso. 8.3 You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. 8.4 We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors. 8.5 Buyers may only change their preferred mode of payment for their purchase prior to making payment. 8.6 Buudl takes no responsibility and assumes no liability for any loss or damages to Buyer arising from shipping information and/or payment information entered by Buyer or a wrong remittance by Buyer in connection with the payment for the items purchased. We reserve the right to check whether Buyer is duly authorised to use a 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. GUIDELINES FOR REVIEWS 9.1 We may provide you with areas on the Services to leave reviews or ratings. When posting a review, you must comply with the following criteria: 1. You should have firsthand experience with the person/entity being reviewed; 2. Your reviews should not contain offensive profanity, or abusive, racist, offensive, or hateful language; 3. Your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; 4. Your reviews should not contain references to illegal activity; 5. You should not be affiliated with competitors if posting negative reviews; 6. You should not make any conclusions as to the legality of conduct; 7. You may not post any false or misleading statements; and 8. You may not organize a campaign encouraging others to post reviews, whether positive or negative. 9.2 We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews. 10. BUUDL PURCHASE PROTECTION 10.1 Buudl Purchase Protection is a service provided by Buudl or its authorized agent to safeguard purchases. Payments made to sellers using Buudl's Services will be held by Buudl or its authorized agent). Buudl Purchase Protection is available only to buyers who make payments through Buudl's provided channels into the Buudl Purchase Protection Account. Payments made outside of the Buudl platform between buyers and sellers are not covered by Buudl Purchase Protection. 10.2 After a buyer makes the payment for their order ("Buyer's Purchase Funds"), these funds will be held in the Buudl Purchase Protection Account until: 1. The buyer confirms receipt of the purchased items, in which case, unless 10.2(d) applies, Buudl will release the Buyer's Purchase Funds (minus any applicable fees) to the seller. 2. The Buudl Purchase Protection Period (or any approved extension under 10.3) expires, in which case, unless 10.2(c) or 10.2(d) applies, Buudl will release the Buyer's Purchase Funds (minus any applicable fees) to the seller. 3. Buudl determines that the buyer's request for a return or refund is successful, in which case, unless 10.2(d) applies, Buudl will issue a refund to the buyer, in accordance with the Refunds and Return Policy. 4. At another time as determined by Buudl, where it deems it necessary to comply with applicable laws, court orders, or to enforce these Terms of Service. 10.3 If the seller's bank account cannot be credited and/or the seller cannot be contacted, Buudl will make reasonable efforts to reach the seller. If the seller remains unreachable and the Buyer's Purchase Funds are unclaimed for more than six (6) months, Buudl will handle the unclaimed funds in accordance with applicable laws. 10.4 Sellers and buyers must be the beneficial owners of their accounts and conduct transactions on the platform only on their own behalf. Sellers must register their accounts with Buudl under their legal name and tradename, as required by applicable laws. Buudl may request personal information, such as identity verification documents, for compliance and verification purposes. 10.5 The Buudl Purchase Protection is an additional layer of protection and does not replace any legal obligations that buyers or sellers may have under applicable laws. Buudl accepts no liability for compliance with such obligations. 10.6 Buyers and sellers agree that Buudl's decisions regarding any issues concerning Buudl Purchase Protection are final. 10.7 For clarity, transactions not conducted on the Buudl platform do not qualify for Buudl Purchase Protection. 11. DELIVERY 11.1 Buudl will notify the seller when it receives the buyer’s purchase funds. Unless otherwise agreed with Buudl, the seller should then arrange for the purchased item to be delivered to the buyer and provide details such as the name of the Logistics Service Provider (as defined below) and the tracking number to the buyer through the platform. 11.2 The seller must make every effort to ensure that the buyer receives the purchased items within either the Buudl Protection Period or the time period specified by the seller in the item listing. For deliveries within the Philippines, the seller and buyer may select the logistics service company to handle the delivery in collaboration with Buudl. Buudl acts as an intermediary connecting the seller and buyer with the chosen Logistics Service Provider. The seller and buyer are responsible for appointing and using the Logistics Service Provider for the delivery of products. Shipping costs, referred to as the Shipping Fee, are the responsibility of the buyer and seller. Subject to 11.1, delivery will be managed by the Logistics Service Provider, not by Buudl. Buudl will facilitate reports or complaints from buyers if the purchased item is not received within the estimated timeframe. If the buyer has not received the purchased item within the expected timeframe according to Buudl’s policies and protection terms, the buyer must notify Buudl customer service through the platform. Buudl will then forward the notification to the seller and/or Logistics Service Provider to find a resolution. 11.3 Buudl may offer buyers a guaranteed delivery date for eligible products ("Eligible Products"). If an Eligible Product does not arrive by the guaranteed delivery date as specified on the Order Details page on the platform ("Guaranteed Arrival Date"), Buudl may issue a voucher ("On Time Guarantee Voucher") to the buyer. Delivery dates shown on the Product Details page are indicative estimates only, and Buudl is not responsible for any delivery dates not specified on the Order Details page. For Eligible Products, once the Guaranteed Arrival Date has passed, buyers must claim the On Time Guarantee Voucher on the Order Details page within three (3) days of clicking “Order Received” or, if “Order Received” is not clicked, within three (3) days of the Eligible Product status being marked as “Completed” on the platform. Failure to claim within this period will result in the voucher being forfeited. On Time Guarantee Vouchers cannot be exchanged for cash, are based on availability, and are subject to terms and conditions set by Buudl. By using the voucher, the buyer waives all claims against Buudl related to a failed or late delivery of Eligible Products. 11.4 Users understand that the seller bears all risks associated with the delivery of purchased items and warrants having adequate insurance coverage for the delivery. In the event of damage, loss, or failure to deliver the purchased items, users agree that Buudl will not be liable for any resulting damage, costs, or fees, and that the seller and/or buyer will need to resolve the dispute with the Logistics Service Provider. For all delivery services, Buudl's responsibility is limited to facilitating reports or complaints to the seller and/or the Logistics Service Provider. If the buyer does not notify Buudl within a reasonable time frame as specified in Buudl’s policies, the buyer will be deemed to have received the purchased item in accordance with Buudl’s policies. Both buyers and sellers understand and agree that Buudl is not liable for any damages, costs, or fees arising from shipping issues, and any complaints should be addressed with the Logistics Service Provider through Buudl. 12. CANCELLATION, RETURN AND REFUND 12.1 The buyer may only cancel their order prior to the payment of the buyer’s purchase monies into the Buudl Guarantee Account. 12.2 The buyer may apply for the return of the purchased item and a refund, subject to and in accordance with Buudl’s Refunds and Return Policy. Please refer to Buudl’s Refunds and Return Policy for further information. 12.3 Buudl reserves the right to cancel any transaction on the platform, and the buyer agrees that the buyer’s sole remedy will be to receive a refund of the buyer’s purchase monies paid into the Buudl Guarantee Account. 12.4 If you have redeemed Buudl Coins for your transaction and you are successful in obtaining a refund based on Buudl’s Refunds and Return Policy, Buudl shall refund the monies you have actually paid for the purchased item and credit back any redeemed Buudl Coins to your account separately. 12.5 Buudl does not monitor the cancellation, return, and refund process for offline payments. 13. SELLER INCOME 13.1 Seller Income facilitates the storage of money Sellers receive from their sales. The sum of this money, minus any withdrawals, will be reflected as a Seller Balance. 13.2 Seller may transfer funds from the Seller Income to his/her linked bank account (“Linked Account”) by submitting a transfer request (“Withdrawal Request”) up to a maximum of PhP500,000.00 per day. Buudl may also automatically transfer funds from the Seller Income to a Seller's Linked Account on a regular basis, as determined by Buudl. Buudl shall only process such transfers on business days and such transfers may take one (1) to three (3) business days to be reflected in a Seller’s Linked Account. Seller must ensure that his/her Linked Account is at all times under the registered name or tradename of Seller with the relevant tax authority in compliance with and where required by applicable laws. To verify whether this requirement applies to you as a Seller, you may wish to refer to this Seller Education Hub article for more information. 13.3 Money from a Seller's sale of items on Buudl shall be credited to the Seller Income within three (3) days after the item is delivered to Buyer or immediately after Buyer has acknowledged that they have received the item. Money from refunds of items on Buudl shall be debited from your Seller Balance within one (1) day of the return or refund request being approved. 13.4 Once submitted, Seller may not modify or cancel a Withdrawal Request. 13.5 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 debit the amount and applicable fees from your Seller Balance in the future. 13.6 You authorize us to initiate debit or credit entries to your Seller Income: 1. To correct any errors in the processing of any transaction; 2. where Buudl has determined that you have engaged in fraudulent or suspicious activity and/or transactions; 3. in connection with any lost, damaged or incorrect items; 4. in connection with any rewards or rebates; 5. in connection with any uncharged fees; 6. in connection with the settlement of any transaction dispute, including any compensation due to, or from, you; 7. In connection with any liability or payment that Buudl has determined is attributable to breach of your obligation/s to Buudl, other Users or third parties, including any behaviour that is harmful to other Users, third parties, or the business interests of Buudl; 8. in connection with any banned items or items that are detained by customs; 9. in connection with any change of mind agreed to by both Buyer and Seller; 10. in connection with the settlement of any outstanding amount (or other obligation) owed to Buudl or any of its affiliates, subject to applicable law. 13.7 If your Account has been terminated, deactivated, or suspended in accordance with these Terms of Service, or your Account remains inactive (for such duration as Buudl may prescribe from time to time), we shall be entitled to charge a fee for the administration of any remaining Seller Balance in your Account. The amount and frequency of such fee shall be as Buudl may prescribe from time to time. 14. SELLER’S RESPONSIBILITIES 14.1 Seller shall properly manage and ensure that relevant information such as the price and the details of products for sale, and terms and conditions for sales are updated on Seller’s listing and shall not post inaccurate or misleading information. 14.2 The price of products for sale will be determined by Seller at his/her own discretion. The price of a product 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. 14.3 Seller agrees that Buudl may at its discretion engage in promotional activities to facilitate transactions between Buyer and Seller by reducing, discounting or refunding fees, or in other ways determined by Buudl from time to time. The final price that Buyer will pay will be the price with this adjustment applied to it. 14.4 Seller shall issue invoices to Buyer. 14.5 Seller acknowledges and agrees that Seller will be responsible for paying all taxes, customs and duties for the product sold and Buudl 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. 14.6 Seller acknowledge and agrees that Seller’s violation of any of Buudl’s policies will result in a range of actions as stated in Section 7.1. 15. SELLER FEES 15.1 Buudl charges a fee for all successful transactions completed on the Site (“Transaction Fee”). The Transaction Fee is borne by Seller and is calculated as 2.24% of Buyer’s Purchase before any Site rebates, discounts, vouchers or promotion, rounded up to the nearest Peso. The Transaction Fee shall include the applicable Value-Added Tax. 15.2 Buudl may at its sole discretion change some, or all, of its services at any time. In the event Buudl introduces a new service, fees for that service are effective at the launch of the service, unless otherwise stated. 16. DISPUTE RESOLUTION 16.1 This Section applies to disputes between you and Buudl, and to disputes between you and the Sellers or Buyers in connection with the services provided by Buudl. 16.2 Buudl encourages you to first contact Buudl directly to seek a resolution by going to Buudl Help Centre. You agree to use your best effort to negotiate and resolve any dispute informally. Any dispute arising out of or relating to these Terms of Service (including any question regarding its existence, validity or termination), or the breach thereof, shall be referred to and finally resolved by arbitration under the Arbitration Rules of the Philippine Dispute Resolution Center, Inc. ("PDRCI"), which Rules are deemed to be incorporated by reference in this clause. The seat of arbitration shall be Metro Manila, Philippines. The Tribunal shall consist of one (1) arbitrator appointed by the PDRCI. The language of arbitration shall be English. 16.3 Arbitration under this Section will be limited to the dispute between Buudl and you individually. To the full extent permitted by law, no arbitration will be joined with any other arbitration, whether through class arbitration proceedings or otherwise. 17. SERVICE MANAGEMENT 17.1 Buudl reserves the right but not the obligation to: * monitor the Services for violations of these Terms of Service; * take appropriate legal action against anyone who, in Buudl’s sole discretion, violates the law or these Terms of Service, including without limitation, reporting such user to law enforcement authorities; * in Buudl’s sole discretion and without limitation, refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any user’s account, contribution or any portion thereof; * in Buudl’s sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to Buudl’s systems; * otherwise manage the Services in a manner designed to protect Buudl’s rights and property and to facilitate the proper functioning of the Services. 18. PRIVACY POLICY We care about data privacy and security. Please review our Privacy Policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Service. Please be advised the Services are hosted in the Philippines. If you access the Services from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the Philippines, then through your continued use of the Services, you are transferring your data to the Philippines, and you agree to have your data transferred to and processed in the Philippines. 19. TERM AND TERMINATION 19.1 These Terms of Service shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF SERVICE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF SERVICE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION. 20. MODIFICATIONS AND INTERRUPTIONS 20.1 We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services. 20.2 We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Terms of Service will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith. 21. MOBILE APPLICATION LICENSE 21.1 License: If you access the Services via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the application on wireless electronic devices owned or controlled by you, and to access and use the application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms of Service. You shall not: 1. decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; 2. make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application; 3. violate any applicable laws, rules, or regulations in connection with your access or use of the application; 4. remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application; 5. use the application for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; 6. make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; 7. use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application; 8. use the application to send automated queries to any website or to send any unsolicited commercial e-mail; 9. use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application. 22. GOVERNING LAW 22.1 These Terms of Service and your use of the Services are governed by and construed in accordance with the laws of the Republic of the Philippines applicable to agreements made and to be entirely performed within the Republic of the Philippines, without regard to its conflict of law principles. 23. DISCLAIMER 23.1 THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. 24. EXCLUSIONS AND LIMITATIONS OF LIABILITY 24.1 TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. 25. INDEMNIFICATION 25.1 You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Services; (2) breach of these Terms of Service; (3) any breach of your representations and warranties set forth in these Terms of Service; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it. 26. USER DATA 26.1 We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data. 27. GENERAL PROVISIONS 27.1 Entire Agreement: These Terms of Service constitute the entire agreement between you and Buudl regarding the use of the Services. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision. These Terms of Service operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms of Service or use of the Services. You agree that these Terms of Service will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Service and the lack of signing by the parties hereto to execute these Terms of Service. 27.2 Contacts: In order to resolve a complaint regarding the Services or to receive further information regarding the use of the Services, please contact us at: Buudl, Inc. Email: helpandsupport@buudl.com