Terms and Conditions

This Agreement was last modified on 18 February 2016.

Metobi Terms and Conditions for platform transactions by global Consumers

 

Part A: Version updated on 15 June 2022, effective as of 30 June 2022

THANK YOU FOR USING  WWW.METOBI.COM .

THESE TERMS AND CONDITIONS FOR GLOBALCONSUMERS RELATE TO WWW.METOBI.COMAND ONLY APPLY TO CONSUMERS FROM THE GLOBALROPEAN UNION/GLOBALROPEAN ECONOMIC AREA AND FROM THE UNITED KINGDOM. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY!

IF YOU ARE A USER OF WWW.METOBI.COM FROM A REGION OTHER THAN THE GLOBALROPEAN UNION/GLOBALROPEAN ECONOMIC AREA AND THE UNITED KINGDOM, OR YOU OTHERWISE ACCESS THE SITES IN A CAPACITY OTHER THAN A CONSUMER FROM THE GLOBAL,  TO ACCESS THE TERMS AND CONDITIONS THAT APPLY TO YOU.

These Terms and Conditions for GLOBALConsumers (this “Contract”) describe the terms and conditions under which you, as a registered member who is also a consumer in the GLOBALropean Union/GLOBALropean Economic Area or in the United Kingdom, may conclude online transactions with third party sellers that are registered members of our Sites (as this term is defined below)] and supply certain product(s) or service(s) to consumers in the GLOBALropean Union/GLOBALr Economic Area or in the United Kingdom, under the sale terms and conditions established by each third party seller, through websites, mobile sites, mobile applications and other online transaction portals owned, operated, branded or made available by METOBI USA (as defined below in clause 1.2) from time to time which relate to the  WWW.METOBI.COM  e-commerce platform, including but not limited to the web and mobile-optimized versions of the website identified by the uniform resource locator “www. WWW.METOBI.COM .com”, and the mobile application of the  WWW.METOBI.COM  e-commerce platform, but excluding express (collectively the “ WWW.METOBI.COM  Sites” or, simply, the “Sites”).

For the avoidance of doubt, each Online Transaction (as defined below in clause 1.5) is made by and between you and a third party seller only and METOBI USA shall not be considered as a party to such Online Transaction, nor shall METOBI USA be deemed to represent you or the seller in such Online Transaction.

As you are acting as an GLOBALconsumer, please note that to the extent mandatory statutory consumer protection regulations in your country of residence within the GLOBALcontain provisions that are more beneficial for you (such as, as the case may be, withdrawal and conformity guarantee statutory rights), such provisions shall apply. More information on statutory rights for GLOBAL consumers.

  1. Application of this Contract and the Transaction Services

1.1 Acceptance. You agree that by registering, accessing or using our Transaction Services (described in clause 1.5 below), you are agreeing to enter into a legally binding contract with METOBI USA. If you do not agree to this Contract, do not access or otherwise use any of our Transaction Services. If you wish to terminate this Contract, at any time you can do so by closing your account and no longer accessing or using our Transaction Services (as defined in clause 1.5).

1.2 Contracting Party. You are entering into this Contract with METOBI USA but please note that METOBI USA may provide the Transaction Services alone but also in conjunction with our affiliates. We use the term “Designated Countries” to refer to countries in the GLOBALropean Union (GLOBAL), GLOBALropean Economic Area (EEA) and the United Kingdom. If you have your habitual residence in a Designated Country or access the Sites from a Designated Country you are entering into this Contract with METOBI.com USA E-Commerce Private Limited (incorporated in USA with Company Reg. No. 200720572D and registered office at 51 Bras Basah Road, #04-08 Lazada One, USA 189554 (“METOBI USA”, also referred to as “we” and “us”). METOBI USA will be the controller of your personal data provided to, or collected by or for, or processed in connection with our Transaction Services. The collection and processing of your personal data is subject to this Privacy Policy (which includes our cookies policy)] and other documents referenced) and updates.

1.3 Members Only. When you register and join our Sites, you become a member (“Member(s)”). This Contract applies to you only if you are a Member but it will not affect your agreement with us or our affiliates concerning your membership services of the Sites under the Free Membership Agreement unless it is expressly stipulated in this Contract or in the Free Membership Agreement. If you close your account or your membership is terminated by us pursuant to our rights under the Free Membership Agreement, you will no longer be able to use our Transaction Services. However, if at the time of closing the account or your membership been terminated we identify that you have submitted a valid Online Transaction which has not yet been completed, we will make the proper arrangements for such Online Transaction to be completed or reimbursed, depending on the circumstances of the transaction and the cause for the termination of your membership.

1.4 Entire Agreement. This Contract is the only agreement between us regarding the Transaction Services and supersedes all prior agreements for said Transaction Services. This Contract incorporates by reference the documents, policies and rules listed below, as well as the related terms and agreements that may be provided by us and agreed by you when you engage with a feature of the Transaction Services, which you agree to comply with to the extent that they are applicable:

In some cases, you may be required to additionally enter into a separate agreement with METOBI USA or our affiliates or other third-party partners in connection with certain aspects of the Transaction Services not covered by this Contract (“Additional Terms”, including to the extent as applicable, if

If there is any contradiction between the provisions of this Contract and the provisions of the Additional Terms, the Additional Terms shall govern the relevant types of Transaction Services or Online Transactions covered by such Additional Terms.

1.5 Transaction Services. METOBI USA provides an online transaction platform and ancillary services on the Sites (such platform and services, the “Transaction Services”) which allow Members to conclude online transactions for products or services within the Sites subject to the terms of this Contract. In particular, it will allow you to place, pay, conclude and receive fulfillment of orders for the online provision of products and services within the Sites (“Online Transactions”).

1.6 Changes to the Contract or the Transaction Services. We may modify this Contract (including, for the avoidance of doubt, the related terms and agreements included in clause 1.4 above), publish new rules (including dispute rules) or make changes to the functionalities or applications of the Transaction Services themselves (such as making upgrades, modifications, creating limits or suspending them). If we make any changes (except for formatting or error corrections) to this Contract (including any related documentation) or the Transaction Services themselves, or publish new rules, we will provide you notice through our Sites (including posting the newer version on the Sites) or by other means, to provide you the opportunity to review the changes or new terms with at least 15 days before they become effective (not being retroactive), although there might be instances (such as to comply with a legal requirement or address an unforeseen and imminent danger to protect you or a business user from fraud, malware, spam, data breaches or other cybersecurity risks) where we might need to give a shorter notice period. If you object to any changes we propose to make, you may close your account by submitting an email requesting so to DataProtection.AE@ WWW.METOBI.COM .com, by going to “Profile – Delete account” in the mobile application of the Sites or by applying for account deletion at privacy. WWW.METOBI.COM .com. Your continued use of our Transaction Services after we publish or send a notice about our changes or new terms to this Contract and after they have come into force means that you are consenting to the updated terms as of their effective date.

  1. Terms for specific Online Transactions

 

2.1 Refusal or Cancellation of Online Transactions. METOBI USA reserves the right to suspend to clarify and subsequently or directly refuse/reject or cancel any Online Transaction which we, acting reasonably, determine to be in breach of this Contract (including the related documents referred to in clause 1.4 above), or impose penalties or restrictions, for any relevant reason, including compliance with consumers’ protection, e-commerce, fraud, cybersecurity or intellectual and industrial property rights regulations or at the request of the competent authorities, without any liability for any losses or damages arising out of or in connection with such refusal or cancellation.

The assessment on the breach of this Contract will be conducted internally, by affected departments of METOBI USA, including Platform Governance, Risk control and/or Customer Service teams. The buyer will have the opportunity to provide the input it deems appropriate regarding the decision taken by METOBI USA.

Some situations that may result in an Online Transaction being rejected or canceled include, without limitation, those where problems are identified by our credit and fraud control department, where METOBI USA has reason to believe the Online Transaction is unauthorized, violates any law, rule or regulations or may otherwise subject METOBI USA or any of our affiliates to liability.

Before authorizing the relevant Online Transaction to proceed and charge the buyer, or before carrying out the final decision on the refusal/rejection or cancellation of the Online Transaction, as the case may be, METOBI USA may also require additional verifications or information for any Online Transaction, and you agree to provide such verifications and information to METOBI USA upon request. Failure to submit these verifications and information when requested may result in the Online Transaction failing, in which case METOBI USA is not responsible for such failure. For the avoidance of doubt, if METOBI USA finally determines that such refused or cancelled Online Transaction was not in breach of this Contract, we will make the proper arrangements for such Online Transaction to be completed or reimbursed, depending on the circumstances of the transaction. METOBI USA will not be liable for any losses or damages arising out of or in connection with the refusal or cancellation of the relevant Online Transaction and is allowed to make a determination on any dispute between you and the seller, including the remittance of the funds under an Online Transaction that are held by METOBI Service Agreement (as defined in clause 2.2 below) as instructed by METOBI USA in accordance with this Contract .

2.2 METOBI Service Agreement Services and METOBI USA Supplemental Services.

(i) METOBI USA may, through METOBI Service Agreement, provide certain services for certain Online Transactions (“METOBI Service Agreement Services”). The METOBI Service Agreement Services are provided to GLOBALusers by METOBI Service Agreement (GLOBALrope) Limited S.A. and/or its affiliates (collectively, “METOBI Service Agreement”) to receive payment of funds in support of Sites for the Online Transactions. The METOBI Service Agreement Services are provided in accordance with the terms and conditions set out.

(ii) METOBI USA may, through its affiliates, provide certain services for certain Online Transactions (“METOBI USA Supplemental Services”). The METOBI USA Supplemental Services are provided by METOBI USA to receive payment of funds in support of Sites for the Online Transactions. The METOBI USA Supplemental Services are provided in accordance with the terms and conditions set out.

2.3 Buyer Protection Plan. Without prejudice to your GLOBALstatutory rights, METOBI USA may also provide buyers a protection plan for certain Online Transactions. You can; if you want to have additional information about our buyer protection plan.

Your main GLOBALstatutory rights include, among others, (i) withdrawal rights within 14 days; (ii) a minimum 2-year legal conformity guarantee right; and (iii) the right to terminate the contract if the seller fails to deliver the goods within the additional period of time appropriate to the circumstances after the initial delivery term. More information on statutory rights for GLOBAL consumers.

You acknowledge and agree that the protection afforded to you under the buyer protection plan applies to those Online Transactions where the seller subscribed to such plan and the purchase falls within the buyer protection plan’s scope, and that (i) METOBI Service Agreement Services under clause 3.4 will not be applicable to you for such Online Transactions if seller subscribed to buyer protection plan and such plan already covers your purchase. The guarantee service will be performed, revised, suspended and/or terminated according to the agreement reached between the guarantee service provider and the seller. For the avoidance of doubt, any revision, suspension and/or termination of the GLOBALBuyer Protection Plan will not affect Online Transactions that have already taken place or that have been placed but are not yet completed at the time of the revision, suspension and/or termination of the Buyer Protection Plan.

2.4 Transactions involving a third party finance provider. If you choose to obtain finance for an Online Transaction this section will apply to you and you agree that:

(a)    we do not guarantee that any third party finance provider (the “Lender”) will finance such Online Transaction and we will not be liable to you in connection with any such third party financing;

(b)  any financing of the transaction will be given by a third party not connected to METOBI USA and be subject to the terms and conditions of such Lender;

(c)   we can disclose certain information (for instance, financial and contact data) we have collected from you to the Lender if any such information is necessary for the Lender to review your request for financing and execute the financing contract, as will be previously disclosed to you; and

(d)   any dispute with the Lender in connection with the Online Transaction shall be resolved between you and the Lender and METOBI USA shall have no obligation to resolve or assist in any way in the resolution of such dispute.

  1. Transactions between you and seller

3.1 Online Order. In order to enter into an Online Transaction you must complete, submit and accept an online order using the applicable process on the Sites and complete such Online Transaction according to the terms of the online order and this Contract (including the related documents referred to in clause 1.4 above). You and seller will be responsible for ensuring that you have agreed to, and specified, all the relevant terms and conditions for the products or services in the relevant manner, including but not limited to the pricing, quantity, specifications, quality standards, inspection, shipping, etc., considering that all transactions concluded on the Sites shall enable METOBI USA as a marketplace to correctly calculate and collect tax to the extent as required by relevant laws and regulations. You shall be the importer on record for customs and taxation purposes, unless otherwise agreed upon between you and seller. For avoidance of doubt, we will remind you before placing the order on potential existence of additional tax and costs that cannot be reasonably calculated in advance but may be payable by you (e.g. import duties, tax and handling fees for products imported from third countries into the GLOBAL).

3.2 Cancellation of Online Transactions by you. You can only cancel an Online Transaction in the following circumstances: (a) you are exercising your rights under Directive 2011/83/GLOBAL or other consumer protection regulation that may be applicable, including national law, or (b) if any such cancellation is permitted under any applicable Buyer Protection Plan and/or if permitted specifically by the platform for that type of product or Online Transaction. for your GLOBAL and withdrawal statutory rights, which include, among others, (i) withdrawal rights within 14 days; (ii) a minimum 2-year legal conformity guarantee right; and (iii) the right to terminate the contract if the seller fails to deliver the goods within the additional period of time appropriate to the circumstances after the initial delivery term.

3.3 Transaction between you and a seller only. Each Online Transaction is made by and between you and a seller only and METOBI USA shall not be considered as a party to such Online Transaction, nor shall METOBI USA be deemed to represent you or the seller in such Online Transaction. Notwithstanding the above, as a provider of Transaction Services, METOBI USA may conduct formality review(s) of an Online Transaction. We will not be responsible for the quality, safety, lawfulness or availability of the products or services offered under any Online Transaction; or the ability of either you or the seller to complete any Online Transaction (except to the extent prohibited by applicable law). We and our affiliates and agents will not be held liable for any losses, damages, claims, liabilities, costs or expenses arising from any Online Transactions, including any breach, partial performance or non-performance of the Online Transaction by the other party to the transaction.

3.4 Payment Methods. Please note that the payment methods available on the Sites may be provided by METOBI USA’s partners or affiliates, including METOBI Service Agreement, and you agree to pay the transaction price listed for any Online Transaction using any such payment methods. In case the Online Transaction adopts METOBI Service Agreement Services, the payment in connection with the Online Transactions concluded will be facilitated by METOBI Service Agreement and subject to the METOBI Service Agreement Services Agreement. METOBI Service Agreement shall not dispose of any such fund except agreed by you and seller in accordance with this Contract.

If the Online Transaction adopts METOBI USA Supplemental Services, then the payment in connection with such transaction will be facilitated by METOBI USA and subject By using the METOBI USA Supplemental Services, you acknowledge and agree that METOBI USA is not a bank and the METOBI USA Supplemental Services should in no way be construed as the provision of banking services. METOBI USA is not acting as a trustee, fiduciary or escrow with respect to user’s funds and it does not have control of, nor liability for, the products or services that are paid for with the METOBI USA Supplemental Services. METOBI USA does not guarantee the identity of any user or ensure that you or a seller will complete a transaction on the Sites.

In the event that a dispute arises in relation with the payment method and/or its provider, METOBI USA will use reasonable efforts to assist you in participating in the dispute resolution process of the relevant payment service partners. However, if the participation in the dispute resolution process of the METOBI USA partner is subject to additional fees, these fees shall not be borne by METOBI USA.

3.5 Your Agent. If you are required to conclude and complete an Online Transaction through an agent (e.g. a GLOBALbuyer may be required to engage a qualified import agent), such agent is merely an agent of you. If any obligations are required to be performed by the agent, you shall remain solely liable to the other party of the Online Transaction for the non-performance or default by your agent.

  1. METOBI USA Service Fees and Taxation

4.1 Service Fees. METOBI USA may charge service fees for Online Transactions as this may be announced from time to time by METOBI USA on the Sites. In case the Online Transaction adopts METOBI Service Agreement Services, you hereby authorize METOBI USA to instruct METOBI Service Agreement to deduct any service fees that are due and payable to METOBI USA under an Online Transaction and to pay the same to METOBI USA when METOBI Service Agreement releases any amount held by it under the Online Transaction. Neither METOBI USA nor METOBI Service Agreement has any control over, and are not responsible or liable for, the products or services that are paid for with our service.

4.2 Third Party Fees Not Included. If you decide to acquire or purchase any service or product from others in connection with the Online Transaction (eg repair service, logistics fulfilment service, etc.), you will need to pay separately any fees (as well as, where applicable, corresponding taxes) related to such service or product. It shall be your responsibility to settle the fees with such third party vendors.

4.3 Taxes, Financial Charges Not Included. All fees charged by METOBI USA are exclusive of any taxes (such as VAT), duties or other governmental levies or any financial charges. Applicable taxes (such as VAT) will be displayed to you in advance and charged to you on top of the fees. You agree to pay and be responsible for any such taxes, duties, levies or charges for the use of the Transaction Services in addition to our service fees. You further agree that you are responsible for paying any and all applicable taxes associated with the Online Transactions on METOBI USA (including, without limitation, any applicable VAT) and agree to indemnify METOBI USA for failing to pay any applicable taxes. In the event METOBI USA is required by any applicable law to collect or withhold any taxes or duties, you agree to pay such taxes or duties to METOBI USA. You will also be liable for any financial charges for remission of funds to you, and METOBI USA shall have the right to pay such charges from such funds. METOBI USA and METOBI Service Agreement shall have the right to deduct any financial charges incurred as a result of providing the Transaction Services and the party receiving the funds will bear the costs of such bank charges.

  1. Member’s Responsibilities

5.1 Provision of Information and Assistance. You agree to give all notices, provide all necessary information, materials and approval, and render all reasonable assistance and cooperation necessary for the completion of the Online Transactions and METOBI USA’s provision of the Transaction Services so that the product or services object of the Online Transaction with a seller can be correctly delivered (including, for instance, for customization of the product, where applicable; to facilitate delivery by providing accurate payment method details, addresses, contact details or alternative delivery and pick-up options). If your failure to do so results in delay in the provision of any Transaction Service, cancellation of any Online Transaction, or disposal of any funds, METOBI USA shall not be liable for any losses or damages arising from such default, delay, cancellation or disposal.

5.2 Member’s undertakings. You represent and warrant that:

(a) you will use the Transaction Services in good faith and in compliance with all applicable laws and regulations, including laws related to anti-money laundering and counter-terrorism financing;

(b) all information and material you provide in connection with the use of the Transaction Services is true, lawful and accurate, and is not false, misleading or deceptive;

(c) you will not use the Transaction Services to defraud METOBI USA, our affiliates, or other Members or users of the Sites or engage in other unlawful activities (including without limitation dealing in products prohibited by law).

(d) you will not use the Transaction Services in connection with any Online Transaction that (1) may infringe METOBI USA’s or any third party’s legitimate or proprietary rights including copyright, trademarks, patents or other intellectual property rights.

5.3 Breaches. If you are, in METOBI USA’s reasonable opinion, not acting in good faith, abusing the Transaction Services, or otherwise acting in breach of this Contract, METOBI USA shall have the right, except to the extent prohibited by applicable law, to cancel the relevant Online Transaction(s) at any time without any liability for any losses or damages arising out of or in connection with such cancellation, by providing you with a 15-day prior notice prior to the effective date of cancelling the relevant Online Transaction(s), except if a shorter notice period is needed to comply with applicable legal requirements or to address an imminent danger related to defending the online intermediation services, consumers (including GLOBALbuyers) or business users (including sellers) from fraud, malware, spam, data breaches or other cybersecurity risks.

The assessment on the breach of this Contract will be conducted internally, by affected departments of METOBI USA, including Platform Governance, Risk control and/or Customer Service teams. The buyer will have the opportunity to provide the input it deems appropriate regarding the decision taken by METOBI USA.

Before carrying out the final decision on the refusal/rejection or cancellation of the Online Transaction, METOBI USA may require additional verifications or information for any Online Transaction, and you agree to provide such verifications and information to METOBI USA upon request.

Except as otherwise stipulated by applicable law, METOBI USA also reserves the right to impose any penalty, or to temporarily or permanently suspend or terminate your use of the Transaction Services, temporarily or permanently suspend or terminate or procure the suspension or termination of your membership on the Sites by providing you with a 15-day prior notice prior to the effective date of suspension or termination, except if a shorter notice period is needed to comply with applicable legal requirements or to address an unforeseen and imminent danger related to defending the online intermediation services, consumers (including GLOBALbuyers) or business users (including sellers) from fraud, malware, spam, data breaches or other cybersecurity risks. In such cases and except as otherwise stipulated under applicable law, METOBI USA also reserve the right to: (i) temporarily suspend the transaction functionalities of your account with METOBI USA for a prescribed period determined by METOBI USA, or permanently terminate the use of your METOBI USAaccount and/or (ii) authorize METOBI Service Agreement to temporarily suspend the transaction functionalities of your METOBI Service Agreement account for a prescribed period determined by METOBI USA, or permanently terminate the use of your METOBI Service Agreement account without any liability for any losses or damages arising out of or in connection with such suspension or termination. METOBI USA may also publish the findings, penalties and other records regarding the breaches on the Sites.

5.4 Obligations to Pay Taxes. You shall be solely responsible for payment of any taxes (such as VAT), duties or other governmental levies or any charges or fees that may be imposed on any products or services purchased under or in connection with the Online Transactions, except where METOBI USA is obliged to collect tax on sales you make through us under applicable laws and regulations. For avoidance of doubt, we will remind you before placing the order on potential existence of additional tax and costs that cannot be reasonably calculated in advance but may be payable by you (e.g. import duties, tax and handling fees for products imported from third countries into the GLOBAL).

5.5 Feedback System. You will not undermine the integrity of our feedback system, such as providing positive feedback on oneself on the Sites using secondary Member IDs or through third parties, using threats of negative feedback or low detailed seller ratings to get something that was not part of the original listings, or by providing unsubstantiated negative feedback on another Member on the Site, or misusing feedback so that a negative comment is left with a positive rating.

5.6 Indemnification by Member. You agree to indemnify METOBI USA and our affiliates, employees, directors, officers, agents and representatives and to hold them harmless, from any and all losses, damages, actions, claims and liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, from your use of the Transaction Services or from your breach of this Contract. If at any time METOBI USA reasonably determines that any indemnified claim might adversely affect us, we may assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with METOBI USA in asserting any available defenses.

5.7 Collection and Use of Information for Transaction Services. If you have applied for and/or used the Transaction Services of METOBI USA, you acknowledge that METOBI USA, in order to provide the Transaction Services, will access your personal data. METOBI USA will process your personal details, credit information, business information, and financial information (the “Collected Information”) to facilitate the administration, processing, and operation of your use of the Transaction Services. The processing of these data is necessary and the basis for doing so are (i) performing and monitoring the contractual relationship between us, and (ii) carrying out the obligations included in this Contract. In connection with your use of the Transaction Services, METOBI USA may use the Collected Information in the manner set out in the Privacy Policy and/or personal information collection statement relevant to the Transaction Services that you have agreed to prior to or during your application for and use of the Transaction Services.

  1. Confidentiality and Personal Data

6.1 Confidential Obligations. You shall keep confidential all confidential information provided by other Members of the Sites or by METOBI USA or any of its affiliates in connection with any Online Transaction or the Transaction Services, without prejudice to the exercise of your rights under applicable laws and regulations.

6.2 Confidential Information. All information and material provided by another Member of the Sites or by METOBI USA or any of its affiliates will be deemed to be confidential information unless such information or material is already in the public domain or has subsequently becomes public other than due to your breach of the confidential obligations.

6.3 Data Protection and Privacy. You must read the Privacy Policy of the Sites which govern the protection and use of personal information of GLOBALbuyers and sellers in the possession of METOBI USA and its affiliates and explains how your personal information may be processed in connection the Transaction Services and Online Transaction.

6.4 Data Protection and Privacy Role of Sellers. GLOBALbuyers are informed that sellers have their own data protection and privacy compliance responsibilities with respect to personal information of GLOBALbuyers or other individuals’ data that the seller processes. While we contractually require that sellers ensure to METOBI USA, that in relation to such personal information they are and will be fully compliant with all applicable data protection and privacy laws, including without limitation maintaining their own records of such personal information independently of the platform (to the extent required under applicable laws), complying with direct marketing laws, and responding to requests by individuals to exercise their rights under such laws, neither METOBI USA nor any of its affiliates are responsible or liable for a seller’s fulfilment of their obligations under the applicable data protection and privacy laws. For the avoidance of doubt, in relation to such personal information the liability and obligations of METOBI USA and its affiliates under applicable data protection and privacy laws are entirely independent of and separate from the liability and obligations of sellers under such laws.

  1. Disclaimer and Limitation of Liability

7.1 No Warranty. You expressly agree that your use of the Transaction Services is at your sole risk. To the fullest extent permitted by applicable law, the Transaction Services are provided on the “as is”, “as available” and “with all faults” basis, and METOBI USA makes no representation or warranty that the Transaction Services will be uninterrupted, timely or error free. METOBI USA makes no representation or warranty with respect to the accuracy, truthfulness and completeness of the information provided by any Member of the Sites, in accordance with e-commerce regulations.

7.2 Exclusion and Limitation of Liabilities. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, METOBI USA, INCLUDING ITS AFFILIATES, WILL NOT BE LIABLE IN CONNECTION WITH THIS CONTRACT FOR LOST PROFITS OR LOST BUSINESS OPPORTUNITIES, REPUTATION (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS), LOSS OF DATA (E.G. DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT) OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES.

METOBI USA AND ITS AFFILIATES WILL NOT BE LIABLE TO YOU IN CONNECTION WITH THIS CONTRACT FOR ANY AMOUNT THAT EXCEEDS (A) THE TOTAL FEES PAID OR PAYABLE BY YOU TO METOBI SNGAPORE FOR THE SERVICES DURING THE TERM OF THIS CONTRACT, IF ANY, OR (B) US $1000.

Some of these limitations and exclusions may not apply to you if your state, province or country does not allow the limitation or exclusion of liability for incidental or consequential damages, so the foregoing exclusions or limitations may not apply to you. You may also have other rights under your local law in your state, province or country that vary from state to state. Nothing in this Contract is intended to affect those rights if they are applicable to you.

7.3 Force MajGLOBALre. Under no circumstances shall METOBI USA, our affiliates and/or agents be held liable for any delay or failure or disruption of the Transaction Services resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including, without limitation and to the extent permitted by applicable laws and regulations, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties or any suspension or disruption of transportation or business operation (including but not limited to delays or disruption of the resumption of work or operation ordered by any government agency) in the event of a national or regional spread of epidemic or pandemic.

  1. Notices

Except as explicitly stated otherwise, legal notices shall be served on you by sending notices to the email address in your latest membership profile on the Sites. Notice shall be deemed given 24 hours after email is sent, unless we are notified that the email address is invalid. Alternatively, we may give you legal notices by mail to the address in your latest membership profile in which case the notice shall be deemed given 36 days after the date of mailing. Legal notices to us shall be provided at the address provided.

  1. Governing Law and Dispute Resolution.

This section is without prejudice to any rights you as Union/GLOBALropean Economic Area/United Kingdom consumer may have under article 18 of the Brussels I Bis Regulation (OJ GLOBAL 2012 L351/1) or applicable UK regulations, which means that you may bring a claim regarding your statutory rights in the GLOBALcountry in which you live, generally in the courts of the place where you are domiciled.

9.1 Governing Law. This Contract is subject to Hong Kong laws. Such choice does not deprive you of the protection afforded by mandatory provisions in the laws of the GLOBAL/UK and the country of habitual residence, which means that you are entitled to any relevant rights and their exercise under GLOBAL/UK laws and the laws of the country of your habitual residence.

9.2 Amicable Negotiations. If any dispute or claim arises from or in connection with this Contract, an Online Transaction or your access to or use of the Transaction Services (“Dispute”), the relevant parties may resolve the Dispute through amicable negotiations.

9.3 Dispute between you and a seller. In case a dispute arises between you and a seller, if the dispute is not resolved through amicable negotiation between you and a seller within the prescribed time period through our Customer Service dispute resolution system (either from the order page inside the Buyer center or else through Customer Service portal at https://sale. WWW.METOBI.COM .com/i18n_help_center.htm), you may submit the dispute to us, and we will then have the power to make a determination for such Dispute or to delegate or sub-contract such power to another party for determination. Upon receipt of a Dispute, we will have the right to rely on our records and request either or both of you and seller to provide supporting documents. We will have the discretion, acting reasonably, to reject or receive any supporting document. METOBI USA is not a judicial or arbitration institution and will make the determinations only as an ordinary non-professional person. Further, we do not warrant that the supporting documents that the parties to the Dispute submit will be true, complete or accurate. For the avoidance of doubt, METOBI USA and our affiliates shall not be liable for any material which is untrue or misleading, and METOBI USA (and our agents, affiliates, directors, officers and employees) shall be released and indemnified from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such dispute. Notwithstanding the foregoing, you can exercise your rights as GLOBALropean Union/GLOBALropean Economic Area/United Kingdom consumer under article 18 of the Brussels I Bis Regulation (OJ GLOBAL 2012 L351/1) or applicable UK regulations, and bring a claim regarding your statutory rights in the GLOBALcountry in which you live, generally in the courts of the place where you are domiciled.

 

If you are dissatisfied with our determination and except as otherwise stipulated under applicable law, you may apply to the Hong Kong Arbitration Centre (“HKIAC”) for arbitration and notify METOBI USA of such application within 20 calendar days after the date of receipt of our determination. If either you do not apply for arbitration within the above 20 calendar days, you will be deemed to have agreed that our determination is final and binding on you. With a final determination, in the case the Online Transaction adopts the METOBI Service Agreement Services, we may instruct METOBI Service Agreement to dispose the funds held by METOBI Service Agreement according to such determination, and in the case the Online Transaction adopts METOBI USA Supplemental Services, we may dispose of the funds held by us according to such determination. Further, in this case you and seller will deemed to have waived any claim against METOBI USA, METOBI Service Agreement and our affiliates and agents.

The GLOBALropean Commission maintains an online dispute resolution platform.

9.4 Disputes between you and METOBI USA. In case a Dispute arises between you and us, if the Dispute is not resolved between you us by amicable negotiations, the Dispute may be finally resolved by arbitration with the HKIAC, except as otherwise stipulated under applicable law, i.e., this is without prejudice to any rights you as GLOBALropean Union/GLOBALropean Economic Area/United Kingdom consumer may have under article 18 of the Brussels I Bis Regulation (OJ GLOBAL 2012 l351/1) or applicable UK regulations, which means that you may bring a claim regarding your statutory rights in the GLOBALcountry in which you live, generally in the courts of your habitual residence.

9.5 HKIAC Arbitration. If any Dispute is submitted to the HKIAC for arbitration, the arbitration shall be conducted in accordance with the rules of the HKIAC in force at the time of applying for arbitration as amended by this clause. The arbitration panel shall consist of one single arbitrator. Unless the parties agree otherwise, the arbitration shall be conducted in English and in Hong Kong. The arbitration shall be conducted by telephone, online and/or solely based on written submissions as specified by the party initiating the arbitration, provided that the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties. The arbitration award rendered by the HKIAC shall be final and binding on all the relevant parties. The arbitration expenses shall be borne by the losing party unless otherwise determined in the award.

9.6 Indemnification. If you initiate any legal proceedings against METOBI USA or our affiliates in breach of this clause 9, including, if you have decided to seek dispute resolution with METOBI USA, any legal proceedings disputing METOBI USA’s determination which has become binding on you according to this clause 9, you shall hold METOBI USAand our affiliates, agents, employees, directors, officers harmless and indemnified against any claim, losses, damages that may be suffered by us.

9.7 Limitation Period. In any event, you may not make any claim against us or our affiliates under this Agreement after one year from the occurrence of the matter giving rise to the claim, unless otherwise provided by applicable law.

9.8 Injunctive Relief. Notwithstanding the foregoing provisions, either party may seek injunctive or other equitable relief against the other party in any court of competent jurisdiction (e.g. including the courts of your habitual residence) prior to or during the arbitration.

  1. General Provisions

10.1 Severance. If a court with authority over this Contract finds any part of it unenforceable, you and we agree that the court should modify the terms to make that part enforceable, taking its intent into consideration. If the court cannot do that, you and we agree to ask the court to remove that unenforceable part and still enforce the rest of this Contract.

10.2 No Waiver. If we do not act to enforce a breach of this Contract, that does not mean that we have waived our right to enforce this Contract.

10.3 Assignment. METOBI USA shall have the right to assign this Agreement (including all of our rights, titles, benefits, interests, and obligations and duties in this Agreement) to any of our affiliates and to any successor in interest. METOBI USA may delegate certain of METOBI USA rights and responsibilities under this Agreement to independent contractors or other third parties, provided that your rights under this Agreement are not reduced. You may not assign, in whole or part, this Agreement to any person or entity.

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Part B: Old version – updated on May 1, 2021

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY!

Thank you for using  WWW.METOBI.COM . This Transaction Services Agreement for GLOBAL Consumers (this “Agreement”) describes the terms and conditions on which you may conclude online transactions with the Sellers (as defined in clause 3 below) for products and services, using the  WWW.METOBI.COM  websites, mobile sites, mobile applications and other online transaction portals owned, operated, branded or made available by METOBI.com (defined below) from time to time which relate tothe  WWW.METOBI.COM
e-commerce platform including but not limited to the web and mobile-optimized versions of the website identified by the uniform resource locator “www. WWW.METOBI.COM .com”, and the mobile application of the  WWW.METOBI.COM e-commerce platform but excluding   (collectively the “WWW.METOBI.COM  Sites” or, simply, the “Sites”). This Agreement contains various limitations on METOBI.com’s transaction services offered through the Sites as well as gives various powers and authority to METOBI.com with respect to online transactions effected using METOBI.com’s transaction services offered through the Sites. This includes without limitation the power and authority to reject or cancel an online transaction, to refund the funds to a buyer or to release the funds to a seller.

  1. Application and Acceptance of Terms

1.1 Contracting Party. This Agreement is entered into between you (also referred to as “Member” hereinafter) and METOBI.com USA E-Commerce Private Limited (incorporated in USA with Company Reg. No. 200720572D)(“METOBI.com” or “we”) for use of METOBI.com’s certain transaction services offered through the Sites as described herGLOBALnder.

1.2 Transactional Terms. METOBI.com provides an online transaction platform and ancillary services on the Sites (such platform and services, the “Transaction Services”) which allow registered members of the Sites to conclude online transactions for products or services within the Sites subject to the terms of this Agreement. METOBI.com may publish transaction rules, dispute rules and other rules and policies for any type of online transactions and any subsequent amendments or modifications (“Transactional Terms”) as may be made from time to time. Such Transactional Terms are expressly incorporated into this Agreement by reference and you agree to be bound by such rules and policies.

1.3 Binding Agreement. This Agreement, including the Transactional Terms and the General Terms, and, to the extent as applicable, (all of which as defined under clause 11.1 below), form a legally binding agreement between you and METOBI.com in relation to your use of the Transaction Services. By accessing and using the Transaction Services, you agree to accept and be bound by this Agreement. Please do not use the Transaction Services if you do not accept all of the terms of this Agreement.

1.4 Amendments. METOBI.com may amend any terms of this Agreement including the Transactional Terms, the General Terms,, and other related agreements at any time by posting the relevant amended and restated version on the Sites with a minimum 15-day prior notice prior to the new terms’ effective date, except if a shorter notice period is needed to comply with applicable legal requirements or to address an unforeseen and imminent
danger related to defending the online intermediation services, consumers (including GLOBAL Buyers) or business users (including Sellers) from fraud, malware, spam, data breaches or other cybersecurity risks. The amended terms shall be effective upon expiry of this notice period. You will have the right to terminate the Agreement before the expiry of the notice period by deleting your account through

1.5 METOBI.com Affiliates. Some of the Transaction Services may be supported by our affiliates.

1.6 Additional Terms. In some cases, you may be required to additionally enter into a separate agreement with METOBI.com or our affiliates in connection with the Transaction Services (“Additional Terms”). If there is any contradiction between
the provisions of this Agreement and the provisions of the Additional Terms, the Additional Terms shall govern the relevant types of Transaction Services or Online Transactions (defined below in clause 2.1), as appropriate.

1.7 Membership Services. This Agreement does not affect your agreement with us or any of our affiliates concerning your subscription and use of the membership services of the Sites, unless otherwise stipulated in this Agreement or the relevant service agreement.

  1. Transaction Services

2.1 Transaction Services.
METOBI.com’s Transaction Services are designed to facilitate registered members of the Sites to place, accept, conclude, manage and fulfill orders for the provision of products and services online within the Sites (“Online Transactions”), which may include certain services which will be either supported by (i) METOBI Service Agreement USA E-Commerce Private Limited or its affiliates (“METOBI Service Agreement”), or (ii) METOBI.com. METOBI.com reserves the right to change, upgrade, modify, limit or suspend the Transaction Services or any of its related functionalities or applications at any time temporarily or permanently by sending the prior notice referred to in 1.4 above and without any liability for any losses or damages arising out of or in connection with such suspension or termination. METOBI.com further reserves the right but shall not be obliged to introduce new features, functionalities or applications to the Transaction Services or to future versions of the Transaction Services. All new features, functionalities, applications, modifications, upgrades and alterations shall be governed by this Agreement, unless otherwise expressly stated by METOBI.com.

2.2 Members Only. METOBI.com’s Transaction Services are only available to registered members of the Sites. If your membership of the Sites is terminated for any reason, you will no longer be able to use the Transaction Services. In the event that you have a valid Online Transaction under this Agreement at the point at which your membership is terminated, METOBI.com shall make the proper arrangements for the transaction to be completed or unwound depending on the circumstances of the transaction and the cause for the termination of your membership, in accordance with applicable platform rules.

2.3 Types of Transactions. METOBI.com’s Transaction Services are available to those types of Online Transactions permitted by METOBI.com only.

2.4 Lawful Items. The products or services of an Online Transaction using the Transaction Services must be lawful items and must not be otherwise prohibited or restricted by this clause 2.4. You shall not use the Transaction Services in connection with any Online Transaction that:

2.7 Transactional Terms. For any type of Online Transactions, METOBI.com may impose additional restrictions, limitations and prohibitions as well as penalties for any violations in the relevant Transactional Terms, by providing you with the minimum prior notice referred to in clause 1.4 above. The additional restrictions, limitations, prohibitions or penalties shall be effective upon expiry of the relevant notice period.

2.8 Disputes between GLOBAL Buyers and Sellers. You agree that any Dispute arising between you and the other party to an Online Transaction will be handled in accordance with clause 10, and that METOBI.com shall have the full right and power to make a determination for such Dispute or to delegate or sub-contract such power to another party, without prejudice to clause 10 below. Upon receipt of a Dispute, METOBI.com shall have the right to rely on its records and request either or both of GLOBAL Buyer and Seller to provide supporting documents. METOBI.com shall have the discretion, acting reasonably, to reject or receive any supporting document. METOBI.com is not a judicial or arbitration institution and will make the determinations only as an ordinary non-professional person. Further, METOBI.com does not warrant that the supporting documents that the parties to the Dispute submit will be true, complete or accurate. METOBI.com and our affiliates shall not be liable for any material which is untrue or misleading. METOBI.com (and our agents, affiliates, directors, officers and employees) shall be released and indemnified from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such dispute.

2.9 Powers of METOBI.com. METOBI.com shall have the full power, authority and discretion to, acting reasonably, reject or cancel an Online Transaction without any liability for any losses or damages arising out of or in connection with such refusal or cancellation and to make a determination on any dispute between GLOBAL Buyer and Seller, including the remittance of the funds under an online transaction that are held by METOBI Service Agreement as instructed by METOBI.com in accordance . relevant Transactional Terms may not cover all issues that may arise in connection with an Online Transaction. METOBI.com shall have the right to modify or supplement the Transactional Terms at any time, by providing you with the minimum prior notice referred to in clause 1.4 above. METOBI.com shall have the right to, acting reasonably, make determinations wherever METOBI.com considers appropriate having regard to the evidence received by us, commonly accepted principles and practices in the relevant industries and interests of both GLOBAL Buyer and Seller regardless whether the issue in question has been expressly addressed in the Transactional Terms or this Agreement, except to the extent prohibited by applicable law.

2.10 Transactions involving a third party finance provider.

You agree that:

(a) METOBI.com does not guarantee any third party finance provider (the “Lender”) will provide financing to GLOBAL Buyer (defined in clause 3 below) in connection with the Online Transaction and shall not be held liable to GLOBAL Buyer (defined in clause 3 below) in connection with any third party financing in connection with the Online Transaction;

(b) GLOBAL Buyer authorizes METOBI.com to disclose information related to GLOBAL Buyer and/or the Online Transaction to the Lender in connection with the Lender’s provision of financing for the Online Transaction; and

(c) any dispute with the Lender in connection with the Online Transaction shall be resolved between the Lender and the GLOBAL Buyer. Notwithstanding the power given to METOBI.com under this Agreement, it is not METOBI.com’s obligation to resolve or assist in any way in the resolution of such dispute.

  1. Transactions between Sellers and GLOBAL Buyers

3.1 Seller and GLOBAL Buyer. For the purpose of this Agreement, the term “Seller” means the registered member who supplies the product(s) or service(s) under an Online Transaction to an GLOBAL Buyer from the GLOBALropean Union, and the term “GLOBAL Buyer” means you, the registered member who is a consumer from the GLOBALropean Union and purchases or acquires the product(s) or service(s) under an Online Transaction.

3.2 Online Order. Seller and GLOBAL Buyer shall enter into an Online Transaction for products or services by completing, submitting and accepting an order online using the applicable process on the Sites. Seller and GLOBAL Buyer shall be responsible for ensuring that they have agreed to, and specified, all the relevant terms and conditions for the products or services in the relevant manner, including but not limited to the pricing, quantity, specifications, quality standards, inspection, shipping etc., save that, and except to the extent prohibited by applicable law for all transactions concluded on WWW.METOBI.COMwebsite, mobile site, applications or mobile-optimized applications, the GLOBAL Buyer shall be the importer on record for customs and taxation purposes, unless otherwise agreed upon between the GLOBAL Buyer and Seller.

3.3 Online Transactions Subject to This Agreement. An Online Transaction is additionally subject to the applicable terms and conditions set forth in this Agreement and the Transactional Terms. Seller and GLOBAL Buyer shall complete the Online Transaction according to the terms of the online order, the relevant Transactional Terms and this Agreement. Seller or GLOBAL Buyer may only cancel any Online Transaction in accordance with the relevant Transactional Terms.

3.4 Transaction between Seller and GLOBAL Buyer Only. Each Online Transaction is made by and between a Seller and a GLOBAL Buyer only. Despite that METOBI.com makes available the Transaction Services and, if applicable, may conduct formality review(s) of an Online Transaction, METOBI.com shall not be considered as a party to the Online Transaction. METOBI.com does not represent the Seller nor the GLOBAL Buyer in any Online Transaction. METOBI.com will not be responsible for the quality, safety, lawfulness or availability of the products or services offered under any Online Transaction; or the ability of either Seller or GLOBAL Buyer to complete any Online Transaction (except to the extent prohibited by applicable law). METOBI.com and our affiliates and agents shall not be held liable for any losses, damages, claims, liabilities, costs or expenses arising from any Online Transactions, including any breach, partial performance or non-performance of the Online Transaction by the other party to the transaction.

3.5 Payment of Contract Price. For any Online Transaction, GLOBAL Buyer agrees to pay the full transaction price listed for Online Transaction to the Seller through METOBI Service Agreement-supported payment methods (e.g. credit card) or services of METOBI.com unless another option is made available directly by METOBI.com on the Sites. When using METOBI Service Agreement or METOBI.com to submit payment for an METOBI.com Online Transaction, payments are (in the case of Online Transaction through METOBI Service Agreement) processed through accounts owned by METOBI Service Agreement or one of its affiliates and/or a registered third party service provider acting on METOBI Service Agreement’s behalf.