OPENSKY

seller channel

Terms of Service

1. Introduction

1.1 OPENSKY e-commerce transactions are welcome through the website interface or mobile application (“OPENSKY Page”). Before using OPENSKY's website or creating a OPENSKY account ("Account"), please read the following terms of service and OPENSKY's e-commerce platform operation regulations to clearly understand its relationship with OPENSKY Co., Ltd and OPENSKY's affiliates and subsidiaries (hereinafter referred to as OPENSKY). "OPENSKY", collectively "us", "us", "our") legal rights and obligations. The "Services" we provide or provide include (a) the OPENSKY Website, (b) the services provided by the OPENSKY Website and the OPENSKY Client Software available on the OPENSKY Website, and (c) all information, links, functions, data, Text, images, graphics, music, audio, video (including livestreams), messages, labels, content, programs, software, service applications (including any mobile service applications) or other materials are available on OPENSKY from the website or related services of the OPENSKY website ("Content"). Any new functionality added or extended to the Service is subject to these Terms of Service. These terms of service govern your use of the services provided by OPENSKY.

1.2 The Service includes an online exchange service that connects consumers with each other to provide opportunities between buyers ("Buyers") and sellers ("Sellers") (collectively, "Friends"). ”, “User” or “Parties””). The real sales contract is directly between the buyer and the seller. The parties involved in the transaction will be responsible for the sales contract, commodity list, product warranty, etc. between them. OPENSKY does not interfere with transactions between users. OPENSKY may or may not pre-screen users or user-provided content or information. OPENSKY reserves the right to reOPENSKY any content or information on the OPENSKY website in accordance with clause 6.4 below. OPENSKY does not guarantee that the user will actually complete the transaction. notes,

1.3 Before becoming a user of the OPENSKY website, you need to read and accept all terms and conditions set forth and referenced in these Terms of Service and the Privacy Policy referenced here.

1.4 OPENSKY reserves the right to change, modify, suspend or terminate all or any part of the OPENSKY website or services at any time as required by law. A beta version of the Service or its functionality may not be identical to the final version.

1.5 OPENSKY reserves the right to refuse your account opening request or access to OPENSKY website or services in accordance with the law and terms of service.

By using the Service or creating an account with OPENSKY, you accept and agree to these Terms of Service and the additional policies that follow here.

If you do not agree to these terms of service, please do not use the service or visit the OPENSKY page. If you are a minor or person of limited civil capacity under the laws of your country of residence, you will need to obtain a supply or contract, as the case may be, to open an account or use the Services. In this case, the parent or legal guardian needs help understanding or accepting the terms of the family agreement on your behalf. If you are unsure of your age and civil capacity, or understand that these terms and related laws apply to your civil affairs, please do not create an account or use the services with unlimited assistance from a parent or legal guardian. If you are a parent or legal guardian of MINIMERS or have limited civil capacity, case-by-case compliance with legal requirements and witness statements, the current representative accepts these Terms of Service and is responsible for the entire process of using the OPENSKY account or services, but not specifically.

2. Privacy

2.1 OPENSKY takes the security of your information very seriously. To protect the interests of users, OPENSKY provides a privacy policy on OPENSKY.vn that explains OPENSKY's security practices in detail. Please refer to the Privacy Policy to understand how OPENSKY collects and uses information related to user accounts and/or use of the Services ("User Information"). These Terms of Service are closely related to the Privacy Policy. By using the Services or providing information on the OPENSKY website, users:

Allow OPENSKY to collect, use, publish and/or process your content, personal data and user information as set forth in the Privacy Policy; agree and acknowledge that the information provided on OPENSKY's website is jointly owned by you and OPENSKY; and will not directly or Indirectly disclose user information to any third party, or in any way allow any third party to access or use that information.

2.2 Users who obtain personal data of other users through the use of the Service ("Recipients") hereby agree

(i) comply with all applicable laws and regulations regarding the security of personal information related to such information;

(ii) allow the user who is the owner of the personal information collected by the recipient (“disclosing party”) to delete his/her information collected from the database. the recipient's data;

(iii) allow the Disclosing Party to review the information that the Receiving Party has collected about them as or as required by applicable law.

3. Limitation of U.S. Liability

3.1 OPENSKY grants users the appropriate rights to access and use the Services under the terms and conditions set forth in these Terms of Service. All content, trademarks, service marks, trade names, logos and other proprietary intellectual property rights ("Intellectual Property Rights") displayed on OPENSKY's website are owned by OPENSKY and third-party owners, as applicable. No party accessing the OPENSKY website shall be granted, directly or indirectly, any right or license to use or reproduce any intellectual property rights, nor shall any party accessing the OPENSKY website be authorized to access the website. intellectual property. By using or accessing the Services, you agree to abide by copyright, trademark, service mark or any other laws that protect the Services, the OPENSKY Site and the contents of the OPENSKY Site. You agree not to reproduce, distribute, republish, transmit, publicly disclose, publicly perform, modify, adapt, rent, sell or create any portion of the Services, OPENSKY Sites and derivative works of OPENSKY Site content. You may not copy or modify any part or all of the OPENSKY website on any server or as part of any other website without OPENSKY's prior written consent. In addition, you agree not to use any robots,

3.2 OPENSKY allows connections to the OPENSKY Website from the User's Website, provided that the User's Website is not construed as an endorsement or link to OPENSKY of ​​any kind.

4. Software

Any software provided by OPENSKY to users is subject to these Terms of Service. OPENSKY reserves all rights with respect to the software not expressly granted herein by OPENSKY. Any script or code linked to or referenced from the Services is licensed to you by a third party, not OPENSKY, who is the owner of such script or code.

5. Accounts and Security

5.1 Certain features of our Services require account registration by selecting a unique username ("Username") and password and providing certain personal information. You may use your account to access other products, websites or services that OPENSKY permits, is associated with or is using. OPENSKY does not test and is not responsible for any content, functionality, security, service, privacy policy or other practices of such products, websites or services. If you use your account to access other products, websites or services that OPENSKY permits, is affiliated with or is working with, the terms of service for those products, websites or services,

5.2 You agree to (a) keep your password confidential and use your username and password only when logging in, (b) ensure that you log out of your account after each login session on the OPENSKY website, and (c) promptly notify OPENSKY of ​​any Unauthorized use of your account, username and/or password. You are responsible for activities under your username and account, including loss or damage resulting from unauthorized use of your password or user's failure to comply with these terms.

5.3 You agree that OPENSKY reserves the right to immediately delete the user account and user name, delete or cancel any content related to the user account and user name from the OPENSKY website for any reason, regardless of whether or not to notify the user or any other third party. responsibility. Reasons for these actions may include (a) prolonged inactivity of accounts and usernames, (b) violation of the terms or spirit of these Terms of Service, (c) engaging in illegal, fraudulent, harassing, intrusive, threatening or abusive conduct, ( d) have multiple user accounts, (e) purchase products on the OPENSKY website for commercial purposes, (f) buy in bulk from a seller or a group of related sellers, (g) abuse discount codes or sponsorship or promotional benefits (including selling discount codes to third parties and misusing coupon codes on OPENSKY Sites), (h) engaging in harmful actions against other users, third parties, or OPENSKY's financial interests. Use of the account for unlawful, fraudulent, harassing, intrusive, threatening or abusive purposes may be submitted to competent government agencies as required by law.

5.4 The user can notify OPENSKY in writing to request to delete the account. However, the user remains responsible and liable for any incomplete transactions (generated before or after account deletion) or shipments of goods related to the requested account. Then, in accordance with the terms of service, users must contact OPENSKY after timely and complete completion and completion of incomplete transactions. The user is responsible for his/her account deletion request.

5.5 You may use the Service and/or open an account with OPENSKY only if you meet the conditions for accepting these Terms of Service.

6. Terms of Use

6.1 The license to use the OPENSKY website and services remains in effect until terminated. The license will terminate in accordance with these Terms of Service or if the User breaches any term or condition set forth in these Terms of Service. In this case, OPENSKY may terminate the user's use with or without notice.

6.2 The User shall not:

(a) upload, post, transmit or otherwise make available any unlawful, harmful, threatening, abusive, harassing, confusing, intrusive, misleading, defamatory, offensive, obscene, defamatory, invasive, offensive or racially discriminatory content, racial or any other inappropriate content;

(b) violates any law, third party rights or OPENSKY's Product Prohibition/Restriction Policy;

(c) post, transmit, or otherwise display any Content in the presence of a minor or use the Services in any way that harms a minor; which way;

(d) use the Services or post content to impersonate, or otherwise misrepresent, any person or entity;

(e) forge headers or otherwise manipulate formats to conceal the origin of any Content transmitted through the Services;

(f) reOPENSKY any proprietary notices from the OPENSKY website;

(g) cause, accept or authorize modification, creation of derivative works or adaptation services without the express permission of OPENSKY;

(h) use the Services for the benefit of any third party or for any conduct not acceptable under these Terms of Service;

(i) use the Services or post Content for a fraudulent, unreasonable, false, misleading or misleading purpose;

(j) opening and operating various user accounts for any conduct that violates the terms or spirit of these Terms of Service;

(k) access the OPENSKY e-commerce platform, open an account or otherwise through any software or hardware not approved or provided by OPENSKY, including simulator software, simulators, automation software or any similar software, device or hardware Access your user account.

(l) modify the price of any product or interfere with the catalogue of other users.

(m) take any action that falsifies OPENSKY's rating or feedback system;

(n) Attempt to transcode, reverse engineer, disassemble or hack the Service (or any of its components); circumvent or circumvent any application by OPENSKY to the Service and/or data transmitted, processed or stored by OPENSKY encryption technology or security measures;

(o) utilize or collect any information, including any personal information or data, in connection with other user accounts;

(p) upload, email, post, transmit or otherwise disclose any content not authorized by you under any law or contract or relationship of trust (such as inside information known or disclosed as part of an employment relationship, proprietary and confidential information or pursuant to a nondisclosure agreement);

(q) upload, e-mail, post, transmit or otherwise make available any Content that could result in infringement of patents, trademarks, trade secrets, copyrights or any other rights. any privilege of either party;

(r) upload, email, post, transmit or otherwise make publicly available any advertising, promotional material, "harassing mail", "spam", "string" and authorised or unlawful, or any other form of unauthorized authorized solicitation;

(s) upload, email, post, transmit or otherwise disclose any computer code, file containing viruses, worms, trojan horses or any other computer code, files designed to directly or indirectly interfere with, control, interrupt, destroy or limit the whole or functionality or program materials any computer software or hardware or data or telecommunications equipment;

(t) disrupt the normal flow of interaction, speed up the "scrolling" of the screen faster than other users are capable of on the Service, or otherwise perform actions that negatively affect the performance of the Service. participate in real transactions,

(u) interfere with, manipulate or disrupt the Services or servers or systems associated with the Services or other users’ use and experience of the Services, or fail to comply with any requirements, processes, policies and legal locations of systems associated with OPENSKY;

(v) take any action or conduct that may directly or indirectly disrupt, disable, overload or damage the Service or servers or systems associated with the Service;

(w) use the Services to knowingly or inadvertently violate the laws relating to the prevention of money laundering or the prevention of terrorism;

(x) use the Services to violate or circumvent any penalties or embargoes imposed or enforced by the relevant authorities.

(y) use the Services to violate the privacy of others or to "stalk" or otherwise harass others;

(z) infringe OPENSKY's rights, including any intellectual property rights, and cause confusion;

(aa) use the Service to collect or store personal data of other users in connection with the prohibited conduct and activities described above; and/or

(ab) List merchandise that infringes a third party's copyright, trademark, or other intellectual property rights, or use the Service in a manner that may infringe a third party's intellectual property rights.

6.3 Users understand that content, whether publicly posted or privately transmitted, is solely the responsibility of the creator. This means that you, and not OPENSKY, are solely responsible for what you upload, post, email, transmit or otherwise make public on the OPENSKY website. Users understand that by using the OPENSKY website, you may encounter content that you deem objectionable, inappropriate or inappropriate. OPENSKY is not responsible for the Content, including errors or omissions relating to the Content, or for loss or damage arising out of the use of or reliance on the Content as posted, mailed, transmitted or otherwise published. Download or otherwise publish on the OPENSKY website.

6.4 User acknowledges that OPENSKY and its designees have the sole right (but not the obligation) to screen, reject, delete, stop, suspend, reOPENSKY or reOPENSKY any content available on the Site. OPENSKY website, including any content or information you post. OPENSKY reserves the right to reOPENSKY (i) content that violates the Terms of Service; (ii) if OPENSKY receives a valid claim made by other users in accordance with the law; (iii) if OPENSKY receives to a valid intellectual property infringement notice or legal(4) Other reasons prescribed by law. As part of our efforts to protect the Service or its users, OPENSKY reserves the right to block communications related to the Service, including status updates, posts, messages and/or chats. or otherwise enforce the terms of these Terms of Service. User agrees that he or she must evaluate and assume all risks associated with any use of the Content, including any reliance on the accuracy, completeness or usefulness of the Content. In this regard, the user acknowledges that he does not need, and to the fullest extent permitted by law, does not need to rely on any content created by or submitted to OPENSKY, including information locations on OPENSKY Forums or other parts of OPENSKY.

6.5 The user accepts and agrees that OPENSKY can access, maintain and disclose the user's account information as required by law or ordered by a court or government agency or agency. A competent government agency requires OPENSKY or other legal grounds to: (a) comply with legal process; (b) enforce terms of service; (c) respond to complaints about content that violates the rights of third parties; (d) respond to user requests for customer service; ( e) protect the rights, property or safety of OPENSKY, users and/or the community.

7. Violation of Terms of Service

7.1 Violations of this policy may result in a range of actions, including any or all of the following:

- delete product catalogs;

- the right to restrict the use of the account;

- suspension and termination of accounts;

- To recover money/property obtained by fraud, and related costs of shipping, payment, etc. for the order;

- criminal charges;

- apply for civil relief, including claims and/or temporary emergency measures;

- Other actions or remedies in accordance with Community Standards, Terms of Service or OPENSKY Policy.

7.2 If you find a user on our OPENSKY website who violates the Terms of Service, please contact OPENSKY here.

8. Reporting potential inspections of intellectual property

8.1 The user is an independent individual or organization and is not affiliated with OPENSKY. OPENSKY is also not an agent or representative of the user and does not own and/or own any merchandise offered for sale on OPENSKY's website.

8.2 If you are the owner of intellectual property rights (“Intellectual Property Owner”) or an authorized representative of the intellectual property owner (“Intellectual Property Representative”) and you believe that your rights or the rights of a potential customer are infringing, please use the enclosed The sample complaint form provides valid documentation to demonstrate the existence and legal ownership of the claimant's intellectual property, protected intellectual property in the relevant territory, and evidence of intellectual property infringement in the listing for the specific claim. Sent to OPENSKY here. We will take reasonable time to process the information provided.

9. Orders and Payments

9.1 OPENSKY supports one or more of the following payment methods from time to time:

(i) Credit/Debit Card or Credit Card Instalment Payment

Credit/debit card payments or credit card installments are made through third-party payment channels, and the list of accepted cards depends on the payment channel you use.

(ii) Cash on Delivery (COD)

OPENSKY offers cash on delivery in select countries. Buyer may pay the carrier directly in cash upon delivery.

(iii) Payment by Domestic ATM Card - Internet Banking

Domestic ATM Card Payment Method - Internet Banking is only available for buyers with a domestic ATM card with an online banking link (online payment), not for VISA and MasterCard.

9.2 The buyer can only change the payment channel before payment.

9.3 OPENSKY shall not be liable to the Buyer or Seller for any loss or damage suffered by the Buyer or Seller as a result of incorrectly entered shipping and/or payment information for placing an order and/or the use of payment methods not listed in Clause 9.1 above. OPENSKY reserves the right to check the legality of the buyer's right to use the payment method, and reserves the right to suspend the transaction until the legality is confirmed or to cancel the transaction if the legality cannot be confirmed.

Note: OPENSKY will be responsible for orders placed using OPENSKY Shipping Support.

9.4 At present, OPENSKY can only pay users by bank transfer. Therefore, users need to provide bank account information to OPENSKY in order to receive payment, that is, payment for products sold or refunded from OPENSKY.

10. OPENSKY Account Balance

10.1 OPENSKY Account Balance is a feature provided by OPENSKY or its authorised service providers to assist in confirming the sale proceeds or refund value of return/refund transactions. The total value confirmed minus the amount paid will appear in the OPENSKY account balance.

10.2 You may transfer the full amount recorded in your OPENSKY Account Balance (up to the full amount in your OPENSKY Account Balance) by submitting a remittance request to the bank account from which you have provided OPENSKY with the information (the "Receiving Account"). request ("Payment Request"). OPENSKY can also automatically transfer the value identified in your OPENSKY account balance to your receiving account on a regular basis based on your settings. Depending on the relevant banking business, OPENSKY only makes transfers on business days and it may take up to 3 (three) business days for such transfers to be credited to the receiving account.

10.3 Revenue from sales using the delivery services supported on the OPENSKY page will be credited to the OPENSKY account balance 10 (ten) days after the order is updated to delivery status. Successful (for OPENSKY Mall orders), or 48 days later when the order is updated to Delivery Successful status (for orders not belonging to OPENSKY Mall) or hours after buyer confirms receipt. Purchases for Return/Refund Cash on Payment (COD) orders will be credited to the OPENSKY account balance within 01 (one) business day from the date the return/refund request is received.

10.4 Once a payment request has been submitted, it cannot be changed or cancelled.

10.5 If an error occurs during the processing of any transaction, you agree to authorize OPENSKY to correct the error and credit or debit your receiving account, provided that the correction complies with the relevant laws. If OPENSKY is unable to credit or debit the Receiving Account for any reason, you will also authorize us to continue crediting or debiting the Receiving Account to any bank account or other payment method provided to you after charging any relevant fees OPENSKY, or to the extent permitted by law, deduct credit or debit and related charges from the credit balance in your OPENSKY account balance.

10.6 You authorize us to make a credit or debit entry for the amount identified in your OPENSKY Account Balance for the purpose of:

(i) correct any errors in the execution of transactions;

(ii) OPENSKY believes that you have engaged in fraudulent or suspicious transactions and/or transactions

(iii) in relation to any loss, damage or inaccuracy;

(iv) in relation to any bonus or refund;

(v) in relation to any outstanding fees;

(vi) in connection with the resolution of any transaction disputes, including any indemnification against you;

(vii) in relation to prohibited products or products recalled by competent authorities; and

(viii) in relation to any modification of the agreement undertaken by the buyer and the seller.

 11. OPENSKY Warranty Policy

11.1 OPENSKY Guarantee is a service provided by OPENSKY or a unit authorized by OPENSKY to protect transactions. To prevent liability risk, the amount paid by Buyer to Seller for an order will be retained by OPENSKY or a OPENSKY-authorized entity (“OPENSKY Guarantee Account”). The seller will not receive interest or any other benefit on funds in the OPENSKY secured account.

11.2 After the Buyer has paid for the Order ("Buyer Pays"), the Buyer's payment will remain in the OPENSKY Guarantee Account until:

(a) Buyer sends OPENSKY confirmation that he has received the item, in which case OPENSKY will transfer Buyer's payment to Seller's OPENSKY Secured Account unless Clause 11.2(d) applies;

(b) If the OPENSKY Warranty Period (or an extension approved pursuant to Clause 11.3) has expired, unless Clauses 11.2(c) and 11.2(d) apply, OPENSKY will transfer payment from the Buyer to the OPENSKY Warranty Account the seller;

(c) If OPENSKY determines that Buyer's return/refund request has been approved, OPENSKY will refund Buyer in accordance with the terms of the Return Policy, unless Section 11.2(d) applies. OPENSKY Merchandise and Refund.

(d) when OPENSKY reasonably determines that it is reasonable to allocate buyer payments, including when OPENSKY believes it is reasonably necessary to comply with any applicable law or court order or to enforce these Terms of Service.

Self-agreement between buyer and seller will not apply OPENSKY Warranty Policy.

11.3 Payments made through the OPENSKY Payment Channel will remain in the OPENSKY Guarantee Account for a certain period of time (“Riya Guarantee Period”). For more information on OPENSKY Guarantee Time, follow this link .

11.4 If the Seller's bank account cannot be credited and/or the Seller cannot be reached, OPENSKY will use the information provided by the Seller to contact the Seller. If Seller cannot be reached, OPENSKY will process Buyer's payment after twelve (12) months from the date Buyer's payment is due to Seller but has not been paid to Seller. is in compliance with the law.

11.5 The seller/buyer must be the beneficiary of the account and conduct transactions on the OPENSKY website by themselves. OPENSKY reserves the right to require sellers or buyers to provide personal data such as portraits, bank account information and/or any other necessary documentation for information verification purposes, including third-party payment and confirmation required by shipping service providers. Seller/Buyer hereby agrees to OPENSKY to use or provide his/her personal data for Seller/Buyer to use OPENSKY Website. In addition, the seller/buyer authorises OPENSKY to use his/her personal data to respond to any inquiries that OPENSKY deems necessary to confirm the identity of the seller/buyer as the seller/buyer bank to other organisations. Privacy Policy.

11.6 OPENSKY's Warranty is in addition to, and not a limitation of, the Seller's and Buyer's obligations under applicable law, which may be broader or stricter than the legal requirements in OPENSKY's Warranty Policy. OPENSKY Guarantee is neither intended nor intended to assist the seller or buyer in fulfilling their own legal obligations, which are solely the responsibility of the seller or buyer. purchase, and OPENSKY is not responsible for the legal obligations of the seller or buyer above. OPENSKY's Warranty Policy does not constitute a product warranty under any circumstances.

11.7 For the avoidance of doubt, any transactions not carried out on the OPENSKY Website will not be covered by the OPENSKY Warranty.

12. OPENSKY Coin Points System

12.1 Users may accumulate Reward Points (“OPENSKY Coins”) on the OPENSKY Website by using the OPENSKY Guarantee system or by participating in OPENSKY activities (“Qualifying Activities”) at OPENSKY’s sole discretion. ). Generally, OPENSKY Coins will be credited to user accounts upon completion of a successful OPENSKY-approved transaction or activity. If you are a user and your account is not eligible to participate, you are eligible to participate in the OPENSKY Coin reward system.

12.2 Incomplete transactions using the OPENSKY Guarantee on the OPENSKY website will not be eligible to participate in the OPENSKY Coin reward system. OPENSKY reserves the right to exclude items that are not subject to the OPENSKY Coin reward system.

12.3 OPENSKY coins have no monetary value, do not constitute the user's property, and cannot be bought, sold, transferred or exchanged for cash.

12.4 In accordance with the rules and regulations established by OPENSKY from time to time, and the restrictions determined by OPENSKY at its sole discretion, the User may use OPENSKY Coins by sending a request to OPENSKY, and use OPENSKY Coins to deduct from the price of products in accordance with OPENSKY from time to time. purchases on the OPENSKY website. All refunds are subject to the Returns and Refunds Policy in Section 14.4.

12.5 The OPENSKY Coin you use will be deducted from your OPENSKY Coin balance. Each OPENSKY Coin has an expiry date. Please check your account details on the OPENSKY page for OPENSKY Coin balances and expiration dates.

12.6 OPENSKY will notify you from time to time that OPENSKY Coin Bonus Points will be applied to certain Qualifying Activities. Eligible activities may include your purchases with participating sellers or certain OPENSKY promotions. We will notify you from time to time of the applicable terms of such reward programs.

12.7 If you have a claim for the amount of OPENSKY Coins you have received from an Eligible Event, you must submit such claim to OPENSKY (here) within one (01) month from the date of your successful delivery. We may ask you to provide evidence to support your claim. OPENSKY reserves the right to refuse to resolve a claim if the deadline for filing a complaint has passed.

12.8 OPENSKY makes no guarantees and accepts no liability for the tax liability of OPENSKY Coin. You should check with your tax advisor if receiving OPENSKY Coins will affect your tax liability.

12.9 To the extent required by applicable law, OPENSKY reserves the right to (i) terminate the OPENSKY Coins Rewards System at any time, and (ii) cancel or postpone User participation in the use of the OPENSKY Coins Rewards System, including the right to acquire or use OPENSKY Coins.

 

13. Female Shipping

13.1 After the order has been shipped successfully, OPENSKY will receive payment from the buyer and notify the seller. Unless otherwise agreed with OPENSKY, it is the seller's responsibility to provide OPENSKY with sufficient bank account information to process payment for this order.

13.2 The Seller shall make every effort to ensure that the Buyer receives the Goods on time and within the OPENSKY Guarantee Time.

13.3 The user understands that the seller bears all risks related to the transportation of the purchased goods, and guarantees that the seller has or will insure the goods (including transportation). If the purchased merchandise is damaged, lost or undeliverable in transit, the user acknowledges and agrees that OPENSKY shall not be liable for any loss, cost, expense or liability arising therefrom, nor shall the seller and/or buyer be liable. The carrier will be contacted to resolve such incidents.

13.4 For cross-border transactions.

           The user understands that when a listing indicates a product to be shipped from abroad ("overseas product"), the product is sold by the seller outside the relevant country, and the export/import of the product is subject to law. Users should be aware of import and export restrictions in the importing country. The user agrees that OPENSKY cannot provide legal advice in this regard, and agrees that OPENSKY does not assume any risk or responsibility related to the import and export of goods.

            If the user chooses to purchase products overseas, it means that the user agrees to entrust OPENSKY to go through the necessary procedures/steps for overseas imported products by himself or through a third party, and enter the relevant laws according to law.

14. Cancellations, returns and refunds

14.1 Buyers can only cancel an order before paying with an international credit/debit card.

14.2 Buyers may request returns andRefund.

14.3 OPENSKY does not manage cancellations, returns and refunds of orders traded between buyers and sellers themselves.

14.4 If you paid in OPENSKY Coin and received a refund based on OPENSKY’s Return and Refund Policy, OPENSKY will refund the amount you paid for the item and the amount of OPENSKY Coin you used in your account, respectively.

15. Seller's Responsibilities

15.1 The Seller must manage and ensure the accuracy and completeness of information such as updated prices and product details, the number of products in stock, and updated terms and conditions of sale in the Seller’s product catalog, and must not post inaccurate or misleading information.

15.2 Product prices are at the seller's discretion, except for products priced by the competent authority. The product price shall include the full amount paid by the buyer (eg taxes, fees, etc.) and the seller will not require the buyer to pay any additional or separate amounts. If the listed price of a good or service does not expressly indicate that the price includes or does not include charges associated with the purchase of the good or service, such as taxes, packaging charges, shipping and other charges, other charges incurred, the price is understood to be Include all related fees above.

15.3 To the extent permitted by law, Seller agrees that OPENSKY may, at its sole discretion, conduct promotions through price reductions, discounts or refunds or otherwise to facilitate transactions between buyers and sellers. The final price to be paid by the buyer is the actual price with the above adjustments applied.

15.4 In order to facilitate the purchase of products listed by the seller, OPENSKY may publish such products on third party websites (such as portals and price comparison portals) and other websites (domestic or international) operated by or in partnership after the price). with OPENSKY.

15.5 It is the seller's responsibility to provide the buyer with an invoice in accordance with the law.

15.6 Seller acknowledges and agrees that Seller is responsible for paying taxes, customs fees and any charges for products sold and OPENSKY does not provide any legal or regulatory advice. If necessary, the seller should use professional tax consulting services.

15.7 Seller acknowledges and agrees that any breach of OPENSKY Policy by Seller will result in the conduct described in clause 7.1.

16. Charges

16.1 Unless otherwise stipulated in these terms of service or otherwise agreed by the parties, buyers do not need to pay any fees for using the services of Raya e-commerce trading platform.

16.2 If there is any fee payable, that fee shall also be taxable in accordance with the relevant laws. Seller acknowledges and agrees that OPENSKY may deduct fees and applicable taxes due to OPENSKY from the sales amount paid by Buyer. OPENSKY will issue receipts or financial invoices for fees and taxes paid by Seller upon request. See how to request a financial invoice here.

16.3 Payment of Fees

The payment fee is the fee charged by the OPENSKY e-commerce trading floor for each successful order (does not apply to the cancellation of the entire order or the order that requires a return/refund). In all cases, it is the seller's responsibility to pay for the payment.

Payment fees will be deducted directly from each order when the sale is credited to the seller's OPENSKY account balance when the seller makes a withdrawal.

The payment fee is calculated based on the total amount paid by the buyer for the order, including the total amount of the item and the shipping cost actually paid by the buyer.

Depending on the payment method the buyer chooses, the payment fees that apply to each order vary:

Payment method Fee (including VAT)

credit/debit card or

Credit card installment 1.5%

Cash on Delivery (COD) 1.5%

Domestic ATM Card/Internet Banking 1.5%

OPENSKYPay Wallet 1.5%

16.4 Fixed Fees

OPENSKY accepts sellers/OPENSKY as "Immediate Refunds" (Orders placed under "Delivered") or orders with a return/refund request that are successfully conducted through the OPENSKY e-commerce exchange for the sale of products and the use of seller services (orders placed under "Delivered"). Except why the item has not been received). The flat fee is a percentage of the total transaction value, including VAT. Seller is obligated to pay all fixed fees and related taxes (including but not limited to VAT).

calculate:

Flat Fee = Total Order Value x 1.5%.

(Note: The total order value is the total amount the buyer must pay for each specific order; excluding shipping and other charges the seller must pay to OPENSKY).

The flat fee is deducted directly from each order when the sales proceeds are transferred to the seller's OPENSKY account balance for withdrawal by the seller.

Seller agrees and irrevocably authorizes OPENSKY to deduct the fees set forth in Section 16 of the Terms of Service from Seller's OPENSKY Guarantee Account, OPENSKY Account Balance, or any amount held by OPENSKY from time to time or collected on behalf of Seller without Seller's consent .

The flat fees set forth in this section do not apply to genuine sellers (OPENSKY Mall).

17. Disputes

17.1 If there is a problem related to the transaction, the buyer and the seller agree to settle the dispute through negotiation first, and OPENSKY will make reasonable arrangements. If the negotiation fails, the user can complain to the local competent authority to resolve the disputes arising from the transaction.

17.2 Both the Seller and the Buyer undertake and agree that they will not sue or otherwise claim against OPENSKY or its Affiliates (other than OPENSKY or its Affiliates) with respect to any Products related to such Claims. Transactions made on the OPENSKY website or any disputes related to it.

17.3 Users covered by OPENSKY Safeguarding Policy may submit a written request to OPENSKY to assist in resolving disputes arising from transactions. OPENSKY will take necessary steps to assist users in resolving these disputes. Please see OPENSKY's Returns and Refunds Policy for more details.

17.4 For greater clarity, support under this clause 17 applies only to buyers of OPENSKY warranties. Buyers using other payment methods can contact the seller directly.

18. Feedback

18.1 OPENSKY always receives information and feedback from users to help OPENSKY improve service quality. See OPENSKY's feedback process below:

(ii) Requires feedback in writing via email or using the feedback form available on the App.

(iii) All anonymous replies are not accepted.

(iv) Users who participate in the feedback will be fully informed and given the opportunity to improve the situation.

(v) Unacceptable and defamatory responses are not accepted

19. US Exclusion of Liability

19.1 The Services are provided "as available" and OPENSKY disclaims any warranties, disclaimers or guarantees of any performance, implied, implied, warranties, warranties, performance, non-violation, merchantability or fitness for a particular purpose, and no NO WARRANTIES, GUARANTEE CURRENT, AFTER PURCHASE OR USE OF THE PRODUCT.

19.2 The User accepts that any risk outside the use or operation of the OPENSKY Website and/or OPENSKY Services will accompany the User for a limited lifetime.

19.3 OPENSKY does not control, warrant or assume responsibility for: (a) the suitability, existence, quality, safety or legality of the products offered on the OPENSKY website; (b) the ability of the seller to sell the product or the buyer to purchase and pay for the product Ability. In the event of a dispute involving one or more users, these users agree to resolve the dispute directly with each other and release OPENSKY and its affiliates from all claims, demands and damages, losses arising out of or in connection with the dispute.

20. EXCLUSION AND LIMITATION OF LIABILITY

20.1 OPENSKY is not responsible for contracts, warranties, errors (including necessity (active or passive), product liability, liability or obligation), other persons in connection with laws, legal rights, regulations or otherwise

(i) (A) loss of use; (B) loss of profits; (C) loss of revenue; (D) loss of data; (E) loss of prestige; or (F) failure to retain harmful practices, directly or indirectly; or

(ii) indirect, incidental, special or consequential damages (including any loss of data, service interruption, computer, electronic equipment) arising out of or in connection with the use of the OPENSKY website or services, including damages there, even if OPENSKY has been notified of this Likelihood of damage or correction.

20.2 You have the right to request termination of your account and/or stop using the service in case of release due to the service.

20.3 In the judgment of the court committee, OPENSKY's case is liable to the maximum limit permitted by law (including your non-official unbelievable potential customers) of any third party limited to the lesser of (A) the fees paid by you in Under OPENSKY Warranty Policy; (B) 2,000,000 relevant guilders (option 2 million) or such other amount as expressly defined in the JUMP General Judgment.

20.4 Nothing in these Terms of Service limits or excludes any liability for personal injury or results of accuracy caused by SHOPP's negligence, accident or fraud. SHOPP's participation in this liability is not limited and/or excluded by law.

 

21. Links and Interactions with Third Party Websites/Services

Third party links contained on the OPENSKY website will cause users to exit the OPENSKY website. These links may be provided out of courtesy. Websites or applications accessed from these links are not controlled by OPENSKY in any way, and you access them at your own risk.

Users may interact with, purchase goods and/or use third-party services, or participate in third-party promotions when using the OPENSKY website. Any such activity, and any terms, conditions, warranties or representations related to it, shall be solely a relationship/deal/agreement between the user and the relevant third party.

OPENSKY provides services to you in accordance with these Terms of Service. And the user acknowledges and agrees that certain third parties that provide goods and/or services through the OPENSKY website may require you to agree to additional terms and conditions or terms and conditions before you use or access such goods or services through the OPENSKY website. Acceptance of these additional terms and conditions will constitute separate legal binding between you and such third party.

OPENSKY is not responsible or liable in any way for any content (including links or links), exchanges, purchases and transactions between users. Use with any third party website or service that links to or links to OPENSKY. OPENSKY provides these links or facilitates such interaction only as a convenience and the inclusion of any link shall not in any way imply or represent OPENSKY's affiliation, endorsement or endorsement of any linked site and/or any content therein.

OPENSKY allows you to share videos from YouTube in the OPENSKY Live feature ("YouTube Content"). By sharing YouTube content, you agree to be bound by YouTube's Privacy Policy ( http://www.google.com/policies/privacy ).

22. User's Contribution to the Service

22.1 By submitting any Content to OPENSKY, you represent and warrant that you have obtained all necessary rights and/or agree to grant OPENSKY the following rights. You further acknowledge and agree that you are solely responsible for any content you post or provide on or through the Services, including for the accuracy, reliability, originality, clear copy of rights, legal compliance with respect to any Contribution and LEGALLY LIMITED LIABILITY. The user hereby grants to OPENSKY and its successors the continuing, irrevocable, worldwide, non-exclusive, royalty-free, sublicensable and transferable rights. , use, reproduce, distribute, reproduce, transfer, alter, modify, create derivative works from, publicly display, and make such contributions through or in connection with the Services through any medium and any channel of communication, including for the purpose of Promote or redistribute part of the Service (or a derivative of the Service). The rights you grant to us will only end when you or OPENSKY delete your Contribution from the Service. You understand that your donation may be diverted to various systems and modified to comply and meet technical requirements. The rights you grant to us will only end when you or OPENSKY delete your Contribution from the Service. You understand that your donation may be diverted to various systems and modified to comply and meet technical requirements. The rights you grant to us will only end when you or OPENSKY delete your Contribution from the Service. You understand that your donation may be diverted to various systems and modified to comply and meet technical requirements.

22.2 Any content, material, information or ideas (referred to as "Content".Submissions") posted by the User on or through the Service or otherwise transmitted to OPENSKY in any way, OPENSKY will not be protected and may be subject to Disseminated or used by OPENSKY or its affiliates for any purpose, including product development, production and marketing, without charge or liability to users. By submitting content to OPENSKY, you acknowledge and agree that OPENSKY and/or Third parties may independently develop software, applications, interfaces, products, and modify and enhance software, applications, interfaces, products, functions, code, or other features of the same or similar ideas as described herein. Therefore, you hereby grant OPENSKY and its successors, a continuous, irrevocable, worldwide, non-exclusive, royalty-free, sublicensable and transferable, right to use, reproduce, distribute, republish, transmit, modify, modify, create derivative works from, publicly available through the Display and performance of such Submissions through or in connection with Submissions in any medium or through any communication channel, including in order to promote or redistribute portions of the Services (or derivatives of the Services). This provision does not apply to individuals who are the subject of OPENSKY's Privacy Policy Information unless you publicly provide such information on or through the Service. Irrevocable, general, non-exclusive, royalty-free, sublicensable and transferable, by or in connection with in any medium and through any communication Channel submissions, including for the purpose of promoting or redistributing part of the Service (or its derivatives). This provision does not apply to personal information that is the subject of OPENSKY's Privacy Policy unless you publicly provide this on or through the Service. Class Information. Irrevocable, generic, non-exclusive, royalty-free, sublicensable and transferable, through or in connection with content submitted in any medium and through any communication channel, including for the purpose of promoting or redistributing the Services ( or its derivatives). This provision does not apply to personal information that is the subject of OPENSKY’s Privacy Policy unless you make such information publicly available on or through the Services. Change, modify, create derivative works, publicly display and the execution of such submissions, through or in connection with any media and any channel, any communications, including for the purpose of promoting or redistributing part of the Services (or derivatives thereof). This provision does not apply to personal information that is the subject of OPENSKY's Privacy Policy , unless you publicly provide such information on or through the Services. Change, modify, create derivative works, publicly display and perform such Submissions, through or in connection with the Submissions, through any media and any channel, any communications, including for the purpose of promoting or Redistribute a portion of the Service (or a derivative thereof). This provision does not apply to personal information that is the subject of OPENSKY's Privacy Policy unless you publicly provide such information on or through the Service.

23. Third-Party Access to Services and External Linkscontribution

23.1 Each party contributing to the Services in respect of data, messages, images, audio, video, software and other content shall be responsible for any relevant accuracy, reliability, originality, clarity rights, legal compliance and legal restrictions responsible for the contribution. OPENSKY will reOPENSKY from the website/app information regarding the sale of counterfeit goods, knockoffs, smuggled goods, goods infringing intellectual property rights and other illegal goods, services and information upon discovery or receipt of a well-founded complaint about such information Information. Users do not require OPENSKY to be responsible for any activities or omissions of users, including but not limited to matters they publish or otherwise provide through the service.

23.2 In addition, OPENSKY Websites may contain links to third-party products, websites, services and offers. These third party links, products, websites, services and offers are not owned and controlled by OPENSKY. In fact, such products, websites, services and offers are produced by and are owned by their respective third parties and are protected by copyright or other proprietary rights or other intellectual laws and treaties. OPENSKY does not review and is not responsible for the content, functionality, security, services, privacy policies or other practices of these third parties. OPENSKY encourages users to inquire about the terms and other policies of third parties listed on their websites or otherwise. By using the Services, you acknowledge that OPENSKY is not responsible for your use or inability to use any website or widget. You further acknowledge and agree that OPENSKY may prohibit your use or removal of any third-party link or application on the Services to the extent such third-party restrictions are in violation of these Terms of Service.

24. USER ASSESSMENTS AND WARRANTIES

User represents and warrants that:

(a) the User has the ability, (in the case of a minor, with the valid consent of a parent or legal guardian), the legal right and ability to sign these Terms of Service and abide by their terms; and

(b) Users use the Services only for lawful purposes and in compliance with these Terms of Service and all applicable laws, rules, regulations, directives, guidelines, policies and regulations.

25. Compensation

You agree to indemnify, defend and hold harmless OPENSKY, its shareholders, subsidiaries, affiliates, directors, officers, agents, co-brand owners or partners, and employees from claims and lawsuits. , actions, proceedings and obligations, losses, payments, fines, penalties, fees and related costs (including dispute resolution costs) are borne by the indemnified party due to (a) transactions conducted on or in connection with the OPENSKY website (unless OPENSKY or its affiliates are the seller of the transaction related to the claim), (b) OPENSKY Warranty Policy, (c) organized, operated, aOPENSKYinistered and/or executed by or on behalf of OPENSKY, (d) your breach of or failure to comply with any provision of these Terms of Service or any policies or guidelines referred to herein, (e) your use or misuse of the Services, or (f) your violation of any law or the rights of any third party, or (g) the User any content posted.

 

26. Privacy

If any provision of these Terms of Service is unlawful, revoked or unenforceable for any reason, then that provision shall be severed from these terms and conditions. This Agreement does not affect the validity or enforceability of any remaining provisions, nor does it affect the validity or enforceability of any provision subject to legal review.

27. Applicable law

These Terms of Service shall be governed by and construed in accordance with applicable laws. Any dispute, controversy, claim or disagreement arising out of or in connection with these Terms of Service against or in connection with OPENSKY or any indemnified party that is the subject of these Terms of Service shall be resolved by the relevant International Arbitration Center (VIAC). The language of arbitration shall be the relevant language.

 

28. General provisions

28.1 OPENSKY reserves all rights not granted herein.

28.2 OPENSKY reserves the right to amend these Terms of Service at any time by posting the revised Terms of Service on the OPENSKY Website. User's continued use of the OPENSKY website after posting changes will constitute User's acceptance of the revised Terms of Service.

28.3 The User may not assign, sublicense or transfer any rights or obligations hereunder granted to the User.

28.4 Nothing in these Terms of Service shall create a partnership, joint venture or agency owner relationship between you and OPENSKY.

28.5 OPENSKY's failure to perform any provision of this Agreement at any time or time shall not in any way affect OPENSKY's subsequent rights to exercise such rights, unless such rights are waived in writing.

28.6 These Terms of Service are for the benefit of OPENSKY and the User only, but for the benefit of any other person or entity, excluding OPENSKY's affiliates and subsidiaries (and each successor or assignee of OPENSKY or its affiliates and subsidiaries). people).

28.7 The terms set forth in these Terms of Service and any agreements and policies contained or referenced in these Terms of Service constitute the general agreement and understanding between the parties regarding the Services and the OPENSKY Website, and supersede any prior agreements or understandings between the parties. parties involved in this. The parties enter into an agreement in accordance with these Terms of Service, and the parties do not rely on representations, representations, warranties, understandings, promises, promises or promises of any kind, except as expressly provided in these Terms of Service. These Terms of Service shall not be contradicted, construed, or supplemented by evidence of prior agreements, any existing oral agreements, or any consistent additional terms.

28.8 You agree to comply with all applicable laws relating to anti-corruption and anti-bribery.

28.9 If you have any questions or concerns about the Terms of Service on the OPENSKY Website or issues related to the Terms of Service, please contact OPENSKY here.

Legal Notices: Please send all legal notices to OPENSKY here – Attn: Relevant Legal Team.

I have read these Terms of Service and agree to all of the terms below, as any terms will be modified below. By clicking "Sign Up" or "Sign Up via Facebook" when registering to use the OPENSKY website, I understand that I am creating a digital signature that I understand has a quality and effective hand signature effect.

Updated April 27, 2022.

This version goes into effect on April 5, 2022. To refer to earlier versions of the Terms of Service, click here.

Help Community Standard OPENSKY Terms

OPENSKY Co., Ltd.

© 2019 - All Rights Reserved OPENSKY Co., Ltd

from the beginning of the page