1. INTRODUCTION
1.1 Welcome
to the Wayaya platform (the "Site"). Please read the following Terms
of Service carefully before using this Site or opening a Wayaya account
("Account") so that you are aware of your legal rights and
obligations with respect to Wayaya Mobile Malaysia Sdn. Bhd. (Company
Registration No. 201501009497 (1134832-W)) and its affiliates and subsidiaries
(individually and collectively, "Wayaya", "we",
"us" or "our"). The "Services" we provide or make
available include (a) the Site, (b) the services provided by the Site and by Wayaya
client software made available through the Site, and (c) all information,
linked pages, features, data, text, images, photographs, graphics, music,
sounds, video (including live streams), messages, tags, content, programming,
software, application services (including, without limitation, any mobile
application services) or other materials made available through the Site or its
related services ("Content"). Any new features added to or augmenting
the Services are also subject to these Terms of Service. These Terms of Service
govern your use of Services provided by Wayaya.
1.2 The
Services include an online platform service that provides a place and
opportunity for the sale of goods between the buyer (“Buyer”) and the seller
(“Seller”) (collectively “you”, “Users” or “Parties”). The actual contract for
sale is directly between Buyer and Seller and Wayaya is not a party to that or
any other contract between Buyer and Seller and accepts no obligations in
connection with any such contract. Parties to such transaction will be entirely
responsible for the sales contract between them, the listing of goods, warranty
of purchase and the like. Wayaya is not involved in the transaction between
Users. Wayaya may or may not pre-screen Users or the Content or information
provided by Users. Wayaya reserves the right to remove any Content or
information posted by you on the Site in accordance to Section 6.4 herein. Wayaya
cannot ensure that Users will actually complete a transaction.
1.3 Before
becoming a User of the Site, you must read and accept all of the terms and
conditions in, and linked to, these Terms of Service and you must consent to
the processing of your personal data as described in the Privacy Policy linked
hereto.
1.4 Wayaya
reserves the right to change, modify, suspend or discontinue all or any part of
this Site or the Services at any time or upon notice as required by local laws.
Wayaya may release certain Services or their features in a beta version, which
may not work correctly or in the same way the final version may work, and we
shall not be held liable in such instances. Wayaya may also impose limits on
certain features or restrict your access to parts of, or the entire, Site or
Services in its sole discretion and without notice or liability.
1.5 Wayaya
reserves the right to refuse to provide you access to the Site or Services or
to allow you to open an Account for any reason.
BY USING Wayaya SERVICES OR OPENING AN
ACCOUNT, YOU GIVE YOUR IRREVOCABLE ACCEPTANCE OF AND CONSENT TO THE TERMS OF
THIS AGREEMENT, INCLUDING THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES
REFERENCED HEREIN AND/OR LINKED HERETO.
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE
DO NOT USE OUR SERVICES OR ACCESS THE SITE. IF YOU ARE UNDER THE AGE OF 18 OR
THE LEGAL AGE FOR GIVING CONSENT HEREUNDER PURSUANT TO THE APPLICABLE LAWS IN
YOUR COUNTRY (THE “LEGAL AGE”), YOU MUST GET PERMISSION FROM A PARENT OR LEGAL
GUARDIAN TO OPEN AN ACCOUNT AND THAT PARENT OR LEGAL GUARDIAN MUST AGREE TO THE
TERMS OF THIS AGREEMENT. IF YOU DO NOT KNOW WHETHER YOU HAVE REACHED THE LEGAL
AGE, OR DO NOT UNDERSTAND THIS SECTION, PLEASE DO NOT CREATE AN ACCOUNT UNTIL
YOU HAVE ASKED YOUR PARENT OR LEGAL GUARDIAN FOR HELP. IF YOU ARE THE PARENT OR
LEGAL GUARDIAN OF A MINOR WHO IS CREATING AN ACCOUNT, YOU MUST ACCEPT THE TERMS
OF THIS AGREEMENT ON THE MINOR'S BEHALF AND YOU WILL BE RESPONSIBLE FOR ALL USE
OF THE ACCOUNT OR COMPANY SERVICES USING SUCH ACCOUNT, WHETHER SUCH ACCOUNT IS
CURRENTLY OPEN OR CREATED LATER.
2. PRIVACY
2.1 Your
privacy is very important to us at Wayaya. To better protect your rights we
have provided the Wayaya’s Privacy Policy to explain our privacy practices in
detail. Please review the Privacy Policy to understand how Wayaya collects and
uses the information associated with your Account and/or your use of the
Services (the “User Information”). By using the Services or providing
information on the Site, you:
(i) consent
to Wayaya's collection, use, disclosure and/or processing of your Content,
personal data and User Information as described in the Privacy Policy;
(ii) agree
and acknowledge that the proprietary rights of your User Information are
jointly owned by you and Wayaya; and
(iii) shall
not, whether directly or indirectly, disclose your User Information to any
third party, or otherwise allow any third party to access or use your User
Information, without Wayaya’s prior written consent.
2.2 Users
in possession of another User’s personal data through the use of the Services
(the “Receiving Party”) hereby agree that, they will (i) comply with all
applicable personal data protection laws with respect to any such data; (ii)
allow the User whose personal data the Receiving Party has collected (the
“Disclosing Party”) to remove his or her data so collected from the Receiving
Party’s database; and (iii) allow the Disclosing Party to review what
information have been collected about them by the Receiving Party, in each case
of (ii) and (iii) above, in compliance with and where required by applicable
laws.
3. LIMITED
LICENSE
3.1 Wayaya
grants you a limited and revocable license to access and use the Services
subject to the terms and conditions of these Terms of Service. All proprietary
Content, trademarks, service marks, brand names, logos and other intellectual
property (“Intellectual Property”) displayed in the Site are the property of Wayaya
and where applicable, third party proprietors identified in the Site. No right
or licence is granted directly or indirectly to any party accessing the Site to
use or reproduce any Intellectual Property, and no party accessing the Site
shall claim any right, title or interest therein. By using or accessing the
Services you agree to comply with the copyright, trademark, service mark, and
all other applicable laws that protect the Services, the Site and its Content.
You agree not to copy, distribute, republish, transmit, publicly display,
publicly perform, modify, adapt, rent, sell, or create derivative works of any
portion of the Services, the Site or its Content. You also may not, without our
prior written consent, mirror or frame any part or whole of the contents of
this Site on any other server or as part of any other website. In addition, you
agree that you will not use any robot, spider or any other automatic device or
manual process to monitor or copy our Content, without our prior written
consent (such consent is deemed given for standard search engine technology
employed by Internet search websites to direct Internet users to this website).
3.2 You
are welcome to link to the Site from your website, provided that your website
does not imply any endorsement by or association with Wayaya. You acknowledge
that Wayaya may, in its sole discretion and at any time, discontinue providing
the Services, either in part or as a whole, without notice.
4. SOFTWARE
4.1 Any
software provided by us to you as part of the Services is subject to the
provisions of these Terms of Service. Wayaya reserves all rights to the
software not expressly granted by Wayaya hereunder. Any third-party scripts or
code, linked to or referenced from the Services, are licensed to you by the
third parties that own such scripts or code, not by Wayaya.
5. ACCOUNTS
AND SECURITY
5.1 Some
functions of our Services require registration for an Account by selecting a
unique user identification ("User ID") and password, and by providing
certain personal information. If you select a User ID that Wayaya, in its sole
discretion, finds offensive or inappropriate, Wayaya has the right to suspend
or terminate your Account. You may be able to use your Account to gain access
to other products, websites or services to which we have enabled access or with
which we have tied up or collaborated. Wayaya has not reviewed, and assumes no
responsibility for any third party content, functionality, security, services,
privacy policies, or other practices of those products, websites or services.
If you do so, the terms of service for those products, websites or services,
including their respective privacy policies, if different from these Terms of
Service and/or our Privacy Policy, may also apply to your use of those
products, websites or services.
5.2 You
agree to (a) keep your password confidential and use only your User ID and
password when logging in, (b) ensure that you log out from your account at the
end of each session on the Site, (c) immediately notify Wayaya of any
unauthorised use of your Account, User ID and/or password, and (d) ensure that
your Account information is accurate and up-to-date. You are fully responsible
for all activities that occur under your User ID and Account even if such
activities or uses were not committed by you. Wayaya will not be liable for any
loss or damage arising from unauthorised use of your password or your failure
to comply with this Section.
5.3 You
agree that Wayaya may for any reason, in its sole discretion and with or
without notice or liability to you or any third party, immediately suspend,
freeze or terminate your Account and your User ID, remove or discard from the
Site any Content associated with your Account and User ID, withdraw any
subsidies offered to you, cancel any transactions associated with your Account
and User ID, temporarily or in more serious cases permanently withhold any sale
proceeds or refunds, and/or take any other actions that Wayaya deems necessary.
Grounds for such actions may include, but are not limited to, actual or
suspected (a) extended periods of inactivity, (b) violation of the letter or
spirit of these Terms of Service, (c) illegal, fraudulent, harassing,
defamatory, threatening or abusive behaviour (d) having multiple user accounts,
(e) buying products on the Site for the purpose of commercial re-sale, (f)
abnormal or excessive purchase of products from the same Seller or related
group of Sellers, (g) voucher abuse (including, but not limited to, selling of
vouchers to third parties, selling of vouchers or other credits at a
significant markup above face value and/or abnormal or excessive use of
vouchers on the Site), or (h) behaviour that is harmful to other Users, third
parties, or the business interests of Wayaya. Use of an Account for illegal,
fraudulent, harassing, defamatory, threatening or abusive purposes may be
referred to law enforcement authorities without notice to you. If a legal
dispute arises or law enforcement action is commenced relating to your Account
or your use of the Services for any reason, Wayaya may terminate your Account
immediately with or without notice.
5.4 Users
may terminate their Account if they notify Wayaya in writing (including via
email at help@support.Wayaya.com.my) of their desire to do so. Notwithstanding
any such termination, Users remain responsible and liable for any incomplete
transaction (whether commenced prior to or after such termination), shipment of
the product, payment for the product, or the like, and Users must contact Wayaya
after he or she has promptly and effectively carried out and completed all
incomplete transactions according to the Terms of Service. Wayaya shall have no
liability, and shall not be liable for any damages incurred due to the actions
taken in accordance with this Section. Users waive any and all claims based on
any such action taken by Wayaya.
5.5 You
may only use the Services and/or open an Account if you are located in one of
our approved countries, as updated from time to time.
6. TERM
OF USE
6.1 The
license for use of this Site and the Services is effective until terminated.
This license will terminate as set forth under these Terms of Service or if you
fail to comply with any term or condition of these Terms of Service. In any
such event, Wayaya may effect such termination with or without notice to you.
6.2 You
agree not to:
(a) upload,
post, transmit or otherwise make available any Content that is unlawful,
harmful, threatening, abusive, harassing, alarming, distressing, tortious, defamatory,
vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially,
ethnically or otherwise objectionable;
(b) violate
any laws, including without limitation any laws and regulation in relation to
export and import restrictions, third party rights or our Prohibited and
Restricted Items Policy;
(c) upload,
post, transmit or otherwise make available any Content featuring an
unsupervised minor or use the Services to harm minors in any way;
(d) use
the Services or upload Content to impersonate any person or entity, or
otherwise misrepresent your affiliation with a person or entity;
(e) forge
headers or otherwise manipulate identifiers in order to disguise the origin of
any Content transmitted through the Services;
(f) remove
any proprietary notices from the Site;
(g) cause,
permit or authorize the modification, creation of derivative works, or
translation of the Services without the express permission of Wayaya;
(h) use
the Services for the benefit of any third party or any manner not permitted by
the licenses granted herein;
(i) use
the Services or upload Content in a manner that is fraudulent, unconscionable,
false, misleading or deceptive;
(j) open
and/or operate multiple user accounts in connection with any conduct that
violates either the letter or spirit of these Terms of Service;
(k) access
the Wayaya platform, open a user account, or otherwise access your user account
using an emulator, simulator, bot or other similar hardware or software;
(l) manipulate
the price of any item or interfere with other User's listings;
(m) take
any action that may undermine the feedback or ratings systems;
(n) attempt
to decompile, reverse engineer, disassemble or hack the Services (or any
portion thereof), or to defeat or overcome any encryption technology or
security measures implemented by Wayaya with respect to the Services and/or
data transmitted, processed or stored by Wayaya;
(o) harvest
or collect any information about or regarding other Account holders, including,
without limitation, any personal data or information;
(p) upload,
email, post, transmit or otherwise make available any Content that you do not
have a right to make available under any law or under contractual or fiduciary
relationships (such as inside information, proprietary and confidential information
learned or disclosed as part of employment relationships or under nondisclosure
agreements);
(q) upload,
email, post, transmit or otherwise make available any Content that infringes
any patent, trademark, trade secret, copyright or other proprietary rights of
any party;
(r) upload,
email, post, transmit or otherwise make available any unsolicited or
unauthorised advertising, promotional materials, "junk mail",
"spam", "chain letters", "pyramid schemes", or
any other unauthorised form of solicitation;
(s) upload,
email, post, transmit or otherwise make available any material that contains
software viruses, worms, Trojan-horses or any other computer code, routines,
files or programs designed to directly or indirectly interfere with,
manipulate, interrupt, destroy or limit the functionality or integrity of any
computer software or hardware or data or telecommunications equipment;
(t) disrupt the normal flow of
dialogue, cause a screen to "scroll" faster than other Users of the
Services are able to type, or otherwise act in a manner that negatively affects
other Users' ability to engage in real time exchanges;
(u) interfere
with, manipulate or disrupt the Services or servers or networks connected to
the Services or any other User's use and enjoyment of the Services, or disobey
any requirements, procedures, policies or regulations of networks connected to
the Site;
(v) take
any action or engage in any conduct that could directly or indirectly damage,
disable, overburden, or impair the Services or the servers or networks
connected to the Services;
(w) use
the Services to intentionally or unintentionally violate any applicable local,
state, national or international law, rule, code, directive, guideline, policy
or regulation including, without limitation, laws and requirements (whether or
not having the force of law) relating to anti-money laundering or counter-terrorism;
(x) use
the Services in violation of or to circumvent any sanctions or embargo
administered or enforced by the U.S. Department of Treasury’s Office of Foreign
Assets Control, the United Nations Security Council, the European Union or Her
Majesty’s Treasury;
(y) use
the Services to violate the privacy of others or to "stalk" or
otherwise harass another;
(z) infringe
the rights of Wayaya, including any intellectual property rights and any
passing off of the same thereof;
(aa) use
the Services to collect or store personal data about other Users in connection
with the prohibited conduct and activities set forth above; and/or
(bb) list
items which infringe upon the copyright, trademark or other intellectual
property rights of third parties or use the Services in a manner which will
infringe the intellectual property rights of others.
(cc) direct
or encourage another user to conduct a transaction other than on the Site.
6.3 You
understand that all Content, whether publicly posted or privately transmitted,
is the sole responsibility of the person from whom such Content originated.
This means that you, and not Wayaya, are entirely responsible for all Content
that you upload, post, email, transmit or otherwise make available through the
Site. You understand that by using the Site, you may be exposed to Content that
you may consider to be offensive, indecent or objectionable. To the maximum
extent permitted by applicable law, under no circumstances will Wayaya be liable
in any way for any Content, including, but not limited to, any errors or
omissions in any Content, or any loss or damage of any kind incurred as a
result of the use of, or reliance on, any Content posted, emailed, transmitted
or otherwise made available on the Site.
6.4 You
acknowledge that Wayaya and its designees shall have the right (but not the
obligation) in their sole discretion to pre-screen, refuse, delete, stop,
suspend, remove or move any Content, including without limitation any Content or
information posted by you, that is available on the Site without any liability
to you. Without limiting the foregoing, Wayaya and its designees shall have the
right to remove any Content (i) that violates these Terms of Service or our
Prohibited and Restricted Items Policy; (ii) if we receive a complaint from
another User; (iii) if we receive a notice or allegation of intellectual
property infringement or other legal instruction or request for removal; or
(iv) if such Content is otherwise objectionable. We may also block delivery of
a communication (including, without limitation, status updates, postings,
messages and/or chats) to or from the Services as part of our effort to protect
the Services or our Users, or otherwise enforce the provisions of these Terms
and Conditions. You agree that you must evaluate, and bear all risks associated
with, the use of any Content, including, without limitation, any reliance on
the accuracy, completeness, or usefulness of such Content. In this regard, you
acknowledge that you have not and, to the maximum extent permitted by
applicable law, may not rely on any Content created by Wayaya or submitted to Wayaya,
including, without limitation, information in Wayaya Forums and in all other
parts of the Site.
6.5 You
acknowledge, consent to and agree that Wayaya may access, preserve and disclose
your Account information and Content to any legal, regulatory, or governmental
authority, the relevant rights owner, or other third parties if required to do
so by law pursuant to an order of a court or lawful request by any governmental
or regulatory authority having jurisdiction over Wayaya or in a good faith
belief that such access preservation or disclosure is reasonably necessary to:
(a) comply with legal process; (b) enforce these Terms of Service or our
Prohibited and Restricted Items Policy; (c) respond to claims that any Content
violates the rights of third parties, including intellectual property rights;
(d) respond to your requests for customer service; or (e) protect the rights,
property or personal safety of Wayaya, its Users and/or the public.
7. VIOLATION
OF OUR TERMS OF SERVICE
7.1 Violations
of this policy may result in a range of actions, including, without limitation,
any or all of the following:
• Listing
deletion
• Limits
placed on Account privileges
• Account
suspension and subsequent termination
• Criminal
charges
• Civil
actions, including without limitation a claim for damages and/or interim or
injunctive relief
7.2 If
you believe a User on our Site is violating these Terms of Service, please
contact help@support.Wayaya.com.my.
8. REPORTING
INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT
8.1 As
stated above, Wayaya does not allow listings that violate the intellectual
property rights of brands or other intellectual property rights owners (“IPR
Owner”).
8.2 Except
where expressly stated otherwise, the Users are independent individuals
or businesses and they are not associated with Wayaya in any way and Wayaya is
neither the agent nor representative of the Users and does not hold and/or own
any of the merchandises listed on the Site.
8.3 If
you are an IPR Owner or an agent duly authorised by an IPR Owner (“IPR Agent”)
and you believe that your right or your principal’s right has been infringed,
please notify us by submitting the Intellectual Property Right (IPR) form and
provide us the documents requested below to support your claim. Do allow us
time to process the information provided. Wayaya will respond to your complaint
as soon as practicable.
8.4 Complaints
under this Section 8 must be provided in the form prescribed by Wayaya, which
may be updated from time to time, and must include at least the following: (a)
a physical or electronic signature of an IPR Owner or IPR Agent (collectively,
“Informant”); (b) a description of the type and nature of intellectual property
right that is allegedly infringed and proof of rights; (c) a description of the
nature of alleged infringement with sufficient details to enable Wayaya to
assess the complaint (d) URL(s) of the listing(s) which contain the alleged
infringement; (e) sufficient information to allow Wayaya to contact the
Informant, such as Informant’s physical address, telephone number and e-mail
address; (f) a statement by Informant that the complaint is filed on good faith
belief and that the use of the intellectual property as identified by the
Informant is not authorised by the IPR Owner or the law; (g) a statement by the
Informant that the information in the notification is accurate, that the
Informant will indemnify us for any damages we may suffer as a result of the
information provided by the Informant and that the Informant has the
appropriate right or is authorised to act on the IPR Owner’s behalf in all
matters relating to the complaint.
8.5 Wayaya
acknowledges a manufacturer’s right to enter into certain exclusive
distribution agreements or minimum advertised price agreements for its
products. However, violations of such agreements do not constitute intellectual
property rights infringement. As the enforcement of these agreements is a
matter between the manufacturer and the sellers, Wayaya does not assist in this
type of enforcement activity and does not enforce exclusive distribution rights
or price-control matters except within the countries that have laws
specifically governing selective or exclusive distribution.
8.6 Each
and every Seller agrees to hold Wayaya and its Affiliates harmless from all
claims, causes of action, damages and judgments arising out of any removal of
any Content or product listings pursuant to or in relation to any intellectual
property infringement claim.
9. PURCHASE
AND PAYMENT
9.1 Wayaya
supports one or more of the following payment methods in each country it
operates in:
(i) Credit
Card
Card payments are processed through
third-party payment channels and the type of credit cards accepted by these
payment channels may vary depending on the jurisdiction you are in.
(ii) Cash
on Delivery (COD)
Wayaya provides COD services in selected
countries. Buyers may pay cash directly to the deliver agent upon their receipt
of the purchased item.
(iii) Bank
Transfer
Buyer may make payments through an
Automated Teller Machine or internet bank transfer (“Bank Transfer”) to our
designated Wayaya Guarantee Account (as defined in Section 12). Buyer must
provide Wayaya with the transfer receipt or payment transaction reference for
verification purposes through the ‘Upload Receipt’ function found in Wayaya’s
app as payment confirmation. If payment confirmation is not received by Wayaya
within three (3) days, Buyer’s order will be cancelled.
(iv) Instalment
Purchase Plan
Buyer may pay via instalment for orders
exceeding RM 500. Payment via instalments are processed through third-party
channels. The banks that currently support instalment plans are Maybank and
Public Bank.
(v) Deferred
Payments using SPayLater services (if applicable)
Buyer may make deferred payments for
eligible orders using the SPayLater services offered by SeaMoney Capital
Malaysia Sdn. Bhd. (“SeaMoney”). In order to offer the SPayLater services,
SeaMoney will enter into a receivable purchase arrangement with the eligible
seller so that the seller will sell the receivable from the buyer to SeaMoney
in exchange for payment from SeaMoney.
9.2 Buyer
may only change their preferred mode of payment for their purchase prior to
making payment.
9.3 Wayaya
takes no responsibility and assume no liability for any loss or damages to
Buyer arising from shipping information and/or payment information entered by
Buyer or wrong remittance by Buyer in connection with the payment for the items
purchased. We reserve the right to check whether Buyer is duly authorised to
use certain payment method, and may suspend the transaction until such
authorisation is confirmed or cancel the relevant transaction where such
confirmation is not available.
10. SELLER
WALLET
10.1 Your
Account allows the storage of money you receive from your sales proceeds made
on the Platform (“Seller Wallet”). The sum of this money, minus any
withdrawals, will be reflected as your Seller Wallet’s balance.
10.2 You
may transfer funds from your Seller Wallet (up to the amount of your Wayaya
Wallet balance) to your linked bank account (“Linked Account”) by submitting a
transfer request (“Withdrawal Request”) a maximum of once per day. Wayaya may
also automatically transfer funds from your Seller Wallet to your Linked
Account on a regular basis, as determined by Wayaya. Wayaya shall only process
such transfers on business days and such transfers may take up to two business
days to be credited to your Linked Account.
10.3 Sellers
are entitled to one (1) free Withdrawal Request per week (“Weekly Withdrawal
Limit”). Wayaya may impose a fee of RM0.12 for each additional Withdrawal
Request made in excess of the Weekly Withdrawal Limit (“Withdrawal Fee”). The
Withdrawal Fee is subjected to Sales and Service Tax (“SST”). The Weekly
Withdrawal Limit and the Withdrawal Fee are subject to change at Wayaya’s
discretion.
10.4 Money
from your sale of items on Wayaya shall be credited to your Seller Wallet
within three (3) days after the item is delivered to Buyer or immediately after
Buyer has acknowledged that they have received the item.
10.5 Once
submitted, you may not modify or cancel a Withdrawal Request.
10.6 If
there is an error in the processing of any transaction, you authorize us to
initiate debit or credit entries to your designated bank account, to correct
such error, provided that any such correction is made in accordance with
applicable laws and regulations. If we are unable to debit your designated bank
account for any reason, you authorize us to resubmit the debit, plus any
applicable fees, to any other bank account or payment instrument that you have
on file with us or to deduct the debit and applicable fees from your Seller
Wallet in the future. If we are unable to credit your Alternative Account, for
any reason, we reserve our right to handle or process such money in accordance
with the applicable law, including lodging such money with the Registrar of
Unclaimed Moneys (Jabatan Akautan Negara Malaysia) (“Registrar”) in
accordance with the requirements under the Malaysia Unclaimed Moneys Act. In
such instance, you may recover your unclaimed money directly from the Registrar
less any fees or charges that may be imposed, with no further recourse to us.
10.7 You
authorize us to initiate debit or credit entries to your Seller Wallet:
(i) to correct any errors in the processing
of any transaction;
(ii) where Wayaya has determined that you
have engaged in fraudulent or suspicious activity and/or transactions;
(iii) in connection with any lost, damaged
or incorrect items;
(iv) in connection with any rewards or
rebates;
(v) in connection with any uncharged fees;
(vi) in connection with the settlement of
any transaction dispute, including any compensation due to, or from, you;
(vii) in connection with any banned items
or items that are detained by customs;
(viii) in connection with any change of
mind agreed to by both Buyer and Seller;
(ix) to recover any outstanding amounts
(including late payment fees and/or interest) owed by you to us; and
(x) to purchase Advertising Credits where
you have activated the Advertising Credits Top Up Feature and your Advertising
Credits have fallen below your Advertising Credits Minimum Amount.
10.8 We
have the right to limit, freeze or suspend your Seller Wallet for any reason,
including where you fail to repay outstanding amounts due to us by the due
date.