owlting open market
Owlting Merchant Agreement
  • 1.1 Welcome to the Owlting platform (the "Owlting"). Please read the following Merchant Agreement carefully before opening a merchant account so that you are aware of your legal rights and obligations with respect to OBOOK Inc. and its affiliates and subsidiaries.
  • 1.2 The “Services” include an online marketplace that provides a place and opportunity for the sale of goods between the buyer (“Buyer”) and the seller (“Merchant”). The actual contract for sale is directly between Buyer and Merchant. While we may help facilitate the resolution of disputes through various programs, Owlting has no control over and does not guarantee the existence, quality, safety or legality of items advertised; the truth or accuracy of Merchants' content or listings; the ability of Merchants to sell items; or that a Buyer or Merchant will actually complete a transaction or return an item.
  • 1.3 Before becoming a member of the Owlting, you must read and accept all of the terms and conditions in, and linked to, these Merchant Agreement and you must consent to the processing of your personal data as described in the Privacy Policy linked hereto.
  • 1.4 Owlting reserves the right to change, modify, suspend or discontinue all or any part of this platform or the Services at any time. Owlting 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.
  • 2.1 You agree not to:
    • (a) upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, alarming, distressing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
    • (b) violate any laws, third party rights or our Prohibited and Restricted Items policy;
    • (c) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
    • (d) remove any proprietary notices from the Site;
    • (e) cause, permit or authorize the modification, creation of derivative works, or translation of the Services without the express permission of Owlting;
    • (f) use the Services for the benefit of any third party or any manner not permitted by the licenses granted herein;
    • (g) use the Services for fraudulent purposes;
    • (h) manipulate the price of any item or interfere with other Merchants’ listings;
    • (i) take any action that may undermine the comment system;
    • (j) harvest or collect any information about or regarding other Buyer and Account holders, including, without limitation, any personal data or information;
    • (k) 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);
    • (l) 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;
    • (m) 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 anti­money laundering or counter­terrorism;
    • (n) 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
    • (o) 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.
  • 2.2 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 Owlting, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the Site. Owlting does not control the Content posted on the Site and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Site, you may be exposed to Content that you may consider to be offensive, indecent or objectionable.
  • 2.3 You acknowledge that Owlting may or may not pre­screen Content, but that Owlting and its designees shall have the right (but not the obligation) in their sole discretion to pre­screen, refuse, delete or move any Content that is available on the Site. Without limiting the foregoing, Owlting and its designees shall have the right to remove any Content
    • (i) that violates these Merchant Agreement;
    • (ii) if we receive a complaint from another User;
    • (iii) if we receive a notice of intellectual property infringement or other legal instruction for removal; or
    • (iv) if such Content is otherwise objectionable. We may also block delivery of a communication (including, without limitation, status updates, postings, messages and/or chats) to or from the Services as part of our effort to protect the Services or our Users, or otherwise enforce the provisions of these Terms and Conditions.
3.Fees and Payment
  • The fees we charge for using our Services are listed on the Merchant’s FAQ. We may change our Merchant fees from time to time by posting the changes on the platform’s website, but with no advance notice required for temporary promotions or any changes that result in the reduction of fees.
  • The Merchants must accept the Owlting’s payment method. We pay to the Merchant in a certain period of time after order completed. The Merchant fees will be deducted from the the total payment we receive from the Buyer. The payment timeframe can be found on the Merchant’s FAQ.
4.International Selling
  • Our Services are accessible to international buyers. We may offer certain programs, tools, and site experiences of particular interest to international buyers, such as estimated local currency conversion and international shipping calculation tools. Merchants are responsible for complying with all laws and regulations applicable to the international sale, purchase, and shipment of items. You may restrict international buyers from purchasing your items if you explicitly exclude international shipping from your listings and apply an exclusion list to your listings.
  • You authorize us to use automated tools to translate your Owlting content and communications with the Buyers, in whole or in part, into local languages where such translation solutions are available. We may provide you with tools which will enable you to translate content at your request. The accuracy and availability of any translation are not guaranteed.
5.Returns and Cancellations
  • Merchants should comply with Owlting’s returns policy on replacements, returns, and refunds under certain circumstances.
  • When an item is returned, or a transaction is cancelled, Owlting has the right to hold payments to the Merchant, and refund to the Buyer
6.VIOLATION OF OUR Merchant Agreement
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.Disclaimer of Warranties; Limitation of Liability
  • Owlting try to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services.
  • You agree that you are making use of our Services at your own risk, and that they are being provided to you on an "AS IS" and "AS AVAILABLE" basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non­infringement.
  • In addition, to the extent permitted by applicable law, we (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:
  • ­your use of or your inability to use our Services;
  • ­pricing, shipping, format, or other guidance provided by Owlting;
  • ­delays or disruptions in our Services;
  • ­viruses or other malicious software obtained by accessing or linking to our Services;
  • ­­glitches, bugs, errors, or inaccuracies of any kind in our Services;
  • ­damage to your hardware device from the use of any Owlting Service;
  • ­the content, actions, or inactions of third parties, including items listed using our Services or the destruction of allegedly fake items;
  • ­a suspension or other action taken with respect to your account or breach of the Abusing Owlting Section above.
You will indemnify and hold us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this Agreement, your improper use of Owlting's Services or your breach of any law or the rights of a third party.
These Merchant Agreement shall be governed by and construed in accordance with the laws of the Cayman Islands without regard to its conflict of law rules.
  • 10.1 Owlting reserves all rights not expressly granted herein.
  • 10.2 Owlting may modify these Merchant Agreement at any time by posting the revised Merchant Agreement on this Site. Your continued use of this Site after such changes have been posted shall constitute your acceptance of such revised Merchant Agreement.
  • 10.3 You may not assign, sublicense or transfer any rights granted to you hereunder or subcontract any of your obligations.
  • 10.4 Nothing in these Merchant Agreement shall constitute a partnership, joint venture or principal­agent relationship between you and Owlting, nor does it authorise you to incur any costs or liabilities on Owlting’s behalf.
  • 10.5 These Merchant Agreement are solely for your and our benefit and are not for the benefit of any other person or entity, except for Owlting's affiliates and subsidiaries.