Introduction

• A warm welcome to you from the Pingomart platform (i.e. Customer mobile application, merchant mobile application, corporate website). It is important and mandatory to read the following terms of service carefully, before using the platform or opening a Pingomart account ("Account") so that you are aware of your legal rights and obligations to Pingomart (a product of Worktable Pte Ltd, Singapore) and its affiliates and subsidiaries (individually and collectively, "Pingomart", "we”, “worktable", "us" or "our"). The "services" we provide or make available include (1) the mobile app, website, (2) the services provided by the mobile app and by Pingomart client software made available through the site, Google Play Store, Apple Store, and (3) all information, linked contents, features, functions, data, text, images, graphics, sounds, video (including live streams), messages, chats, notifications, tags, content, programming, software, application services (including, without limitation, any mobile application services) or other materials made available through the platform or its related services ("Content"). Any new functions/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 Pingomart.
• The services include a mobile platform service that provides a digital space and opportunity for the sale of products/services/goods between the buyer (“Buyer”) and the merchant (“Merchant”) (collectively “you”, “users”, “members” or “parties”). The actual contract for sale is directly between buyer and Merchant and Pingomart is not a party to that or any other contract between Buyer and Merchant and accepts no obligations in connection with any such contract. Parties to such transactions will be entirely responsible for the sales contract between them, the listing of goods, warranty of purchase, and the like. Pingomart is not involved in the transaction between users. Pingomart may or may not pre-screen users or the content or information provided by users. Pingomart reserves the right to remove any content or information posted by you on the mobile app, chats, site, social media space of Pingomart or the parent company. Pingomart cannot ensure that users/members will complete a transaction.
• Before becoming a registered user of the platform, you must read and accept all the terms and conditions and you must consent to the processing of your personal data as described in the privacy policy linked below.
• Pingomart reserves the right to modify, delete, update, suspend or discontinue all or any part of this platform or the services at any time or upon notice as required by local laws. Pingomart 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. Pingomart may also impose limits on certain features or restrict your access to parts of, or the entire platform, mobile app, or services in its sole discretion and without notice or liability.
• Pingomart reserves the right to refuse to provide you access to the platform, mobile application, or services or to allow you to open an account for any reason. By using Pingomart services or opening a customer, merchant, or Merchant 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 refrain from using our services or access the platform. If you are under the age of 18 or the legal age for giving consent hereunder under 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.

Privacy

• Kindly go through and understand the privacy policy of Worktable Pte Ltd in the following link http://worktable.sg/Privacy-Policy.html
• It is understood and taken as an agreement that you consent to Pingomart's collection, use, disclosure, and/or processing of your content, personal data, and user information as described in the privacy policy
• Agree and acknowledge that the proprietary rights of your user information are jointly owned by you and Pingomart; and
• 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 Pingomart’s prior written consent.
• 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 concerning 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 has 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.

Limited License

a) Pingomart grants you limited and revocable permission 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 platform are the property of Pingomart and respective third-party proprietors identified in the platform. No right or license is granted directly or indirectly to any party accessing the platform to use or reproduce any intellectual property, and no party accessing the platform 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 mobile application, platform, 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 platform, or its content. You also may not, without our prior written consent, mirror or frame any part or whole of the contents of this platform on any other server or as part of any other website. Also, 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 from Pingomart.

Platform Access/Software SAAS

Any platform access or software provided by us to you as part of the services is subject to the provisions of these terms of service. Pingomart reserves all rights to the software not expressly granted by Pingomart. 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 Pingomart.

Accounts and Security

• Few 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 Pingomart, in its sole discretion, finds offensive or inappropriate, Pingomart has the right to suspend or terminate your account. You may be able to use your account to gain access to other products, mobile applications, loyalty wallets, websites, or services to which we have enabled access or with which we have tied up or collaborated. Pingomart 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.
• 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 platform, (c) immediately notify Pingomart of any unauthorized use of your account, user id and/or password, and (d) ensure that your account information is accurate and up-to-date. You are fully responsible for all activities that occur under your user id and account even if such activities or uses were not committed by you. Pingomart will not be liable for any loss or damage arising from unauthorized use of your password or your failure to comply with this section.
• YOU agree that Pingomart may for any reason, in its sole discretion and with or without notice or liability to you or any third party, immediately terminate your account and your user id, remove or discard from the platform 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 withhold any sale proceeds or refunds, and/or take any other actions that Pingomart 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 behavior (d) having multiple user accounts, (e) buying products on the platform for commercial re-sale, (f) abnormal or excessive purchasing of products from the same Merchant or related group of Merchants, (g) voucher abuse (including, but not limited to, selling of vouchers to third parties and abnormal or excessive use of vouchers on the platform), (h) creation, exploitation, or use of any unauthorized third-party software or products in conjunction with or operate the functions available on Pingomart or (h) behavior that is harmful to other users, third parties, or the business interests of Pingomart. 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, Pingomart may terminate your account immediately with or without notice.
• Users may terminate their account if they notify Pingomart in writing or via an account termination feature available online of their desire to do so. Notwithstanding any such termination, users remain responsible and liable for any incomplete transaction (whether commenced before or after such termination), the shipment of the product, payment for the product, or the like, and users must contact Pingomart after he or she has promptly and effectively carried out and completed all incomplete transactions according to the terms of service. Pingomart shall have no liability and shall not be liable for any damages incurred due to the actions taken by this section. Users waive any claims based on any such action taken by Pingomart.
• You may only use the services and/or open an account if you are located in one of our approved regions, country, city, as updated from time to time.

Term of Use

The license for use of this platform 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, Pingomart may affect such termination with or without notice to you.

You agree that you or your immediate family member or consumer circle not to:

• 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.
• Violate any laws, including without limitation any laws and regulation to export and import restrictions, third party rights, or our prohibited and restricted items policy.
• Upload, post, transmit, or otherwise make available any content featuring an unsupervised minor or use the services to harm minors in any way
• Use the services or upload content to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity
• Forge headers or otherwise manipulate identifiers to disguise the origin of any content transmitted through the services
• Remove any proprietary notices from the platform
• Permit, be a reason or authorize the modification, creation of derivative works, or translation of the services without the permission of pingomart
• Use the services or upload content in a manner that is fraudulent, unconscionable, false, misleading, or deceptive
• Open and/or operate multiple user accounts in connection with any conduct that violates either the letter or spirit of these terms of service
• Access the pingomart platform, open a user account, or otherwise access your user account using an emulator, simulator, bot or other similar hardware or software
• Manipulate the price of any item or interfere with other user's products and/or the price
• Undermine the feedback, reward or rating systems
• 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 pingomart to the services and/or data transmitted, processed or stored by pingomart.
• Extract, crawl or collect any information about or regarding other users, members, merchants, including, without limitation, any personal data or information
• Upload, email, post, transmit or otherwise make available any content that you do not have a right to make available under any law or contractual or fiduciary relationships.
• Display, 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
• Display, upload, email, post, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other unauthorized form of solicitation.
• Display, 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
• Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the services can type, or otherwise act in a manner that negatively affects other users' ability to engage in real-time exchanges.
• 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 platform.
• 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.
• Use the services to violate intentionally or unintentionally any applicable local, state, national or international law, rule, code, directive, guideline, policy or regulation including, without limitation, laws and requirements relating to anti-money laundering or counterterrorism.
• Use the services to violate the privacy of others or to "stalk" or otherwise harass another.
• Infringe The rights of pingomart, including any intellectual property rights and any passing off of the same thereof
• 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
• 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.

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 Pingomart, are entirely responsible for all content that you upload, post, email, transmit or otherwise make available through the platform. You understand that by using the platform, you may be exposed to content that you may consider being offensive, indecent, or objectionable. To the maximum extent permitted by applicable law, under no circumstances will Pingomart 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 platform.

You acknowledge that Pingomart 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 platform. Without limiting the foregoing, Pingomart and its designees shall have the right to remove any content (i) that violates these terms of service; (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. 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 Pingomart or submitted to Pingomart, including, without limitation, the information in Pingomart forums and all other parts of the platform.

You acknowledge, consent and agree that Pingomart may access, preserve and disclose your account information and content if required to do so by law or under an order of a court or by any governmental or regulatory authority having jurisdiction over Pingomart or in a good faith belief that such access preservation or disclosure is reasonably necessary.

Violation of Our Terms of Service

Violations of this policy may result in a range of actions, including, without limitation, any or all of the following:

• Listing Removal, Deletion, or Archival
• Account suspension and subsequent termination
• Legal Action, Criminal charges
• Civil actions with a claim for damages and/or interim or injunctive relief

For complaint and feedback on members who are violating the terms and also if you find any intellectual property rights infringement by any of the registered users/members. Please reach out to our customer services agents to report the same.

Purchase and payment

Pingomart supports one or more of the following payment methods in each country it operates in:

• 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.
• Cash on delivery (cod) - Pingomart provides cod services in selected countries. Buyers may pay cash directly to the delivery agent upon their receipt of the purchased item.
• Bank Transfer - the buyer may make payments through an automated teller machine or internet bank transfer and provide Pingomart with the transfer receipt or payment transaction reference for verification purposes through the ‘upload payment proof function found in Pingomart’s app as payment confirmation. If payment confirmation is not received by Pingomart within two (q) days, the buyer’s order will be canceled.

Buyer may only change their preferred mode of payment for their purchase before making payment.

Pingomart takes no responsibility and assumes no liability for any loss or damages to Buyer arising from shipping information and/or payment information entered by Buyer or wrong remittance by Buyer in connection with the payment for the items purchased. We reserve the right to check whether the Buyer is duly authorized to use a certain payment method and may suspend the transaction until such Authorisation is confirmed or cancel the relevant transaction where such confirmation is not presented.

Pingomart can make payments to members and merchants via bank transfer. Hence, users are required to provide Pingomart with his/her accurate banking details to receive payments i.e. From the sale of the item or refund from Pingomart.

Wallet

• Pingopay wallet is a service provided by Pingomart or its authorized agent to facilitate the storage of purchased coupon or loyalty points you receive from your sales proceeds and refunds for purchases made via bank transfer, cash payment, or your wallet. The sum of this money, minus any withdrawals, will be reflected as your Pingomart wallet balance.
• You may withdraw funds from your Pingomart wallet (up to the amount of your Pingomart wallet balance) to your linked bank account (“linked account”) by submitting a transfer request (“withdrawal request”) a maximum of once per day. Pingomart may also automatically transfer funds from your Pingomart wallet to your linked account regularly, as determined by Pingomart. Pingomart shall only process such transfers on business days and such transfers may take up to two business days to be credited to your linked bank account.
• Each user is entitled to a maximum number of one (1) free withdrawal request per week. Pingomart may impose a fee for each additional withdrawal request made more than the maximum number in a given week (“withdrawal fee”). The maximum number of free withdrawal requests each user is entitled to and the number of withdrawal fees charged are subject to change at Pingomart’s discretion.
• Money from your sale of items on Pingomart shall be credited to your Pingomart wallet within 1 day (3) days after the item is delivered to the Buyer or immediately after the buyer has acknowledged that they have received the item. Money from refunds of items on Pingomart shall be credited to your Pingomart wallet within one (1) day of the return or refund request being approved. Processing charges are applicable.
• Withdrawal requests cannot be modified or canceled.
 
• In case of 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 following 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 PingoPay wallet balance in the future.
• You authorize Pingomart to initiate debit or credit entries to your Pingomart wallet and to correct any errors in the processing of any transaction without any prior notice to users. This may be due to lost, damaged, or incorrect items charged for, issues with rewards and rebates, uncharged fees, missed fees, settlement of any transaction disputes.
• Where Pingomart has determined that you have engaged in fraudulent or suspicious activity and/or transactions.

Pingomart Guarantee

Pingomart guarantee is a service provided by Pingomart or its authorized agent to protect purchases. To protect against the risk of liability, payment for purchases made to Merchant using the services will be held by Pingomart or its authorized agent (“Pingomart guarantee account”). Merchant will not receive interest or other earnings from the sum you have paid into the Pingomart guarantee account.

After the buyer makes the payment for his/her order (“buyer’s purchase monies”), the buyer’s purchase monies will be held in the Pingomart guarantee account until:

• Buyer sends a confirmation to Pingomart that buyer has received his/her goods/services.
• Buyer request for return of good and/or refund is successful
• Such other time as Pingomart reasonably determines that a distribution of buyer’s purchase monies (less the applicable transaction fee ), and the cross border fee is appropriate, including, without limitation, where it deems reasonably necessary to comply with applicable law or court order or to enforce these terms of service.

Pingomart guarantee is only offered to buyers who have made payment through the channels provided by Pingomart into the Pingomart guarantee account. Offline arrangements between Buyer and Merchant will not be covered under the Pingomart guarantee.

Payments made through pingomart channels will be held in the pingomart guarantee account for a specified period (Depends on the type of goods/services).

If for any reason, the Merchant's bank account cannot be credited and/or the Merchant cannot be contacted, Pingomart will use reasonable endeavors to contact the Merchant using the contact details provided by him/her. If the Merchant cannot be contacted and the buyer’s purchase monies remain unclaimed for more than six (6) months after they become due to the Merchant, Pingomart will deal with such unclaimed buyer's purchase monies following any applicable laws.

Merchant/buyer must be the beneficial owner of the account and conduct transactions on the platform only on behalf of him or herself. Pingomart may require Merchant or buyer to provide his or her personal data such as recent identity photograph, bank account details, and/or any other such documentation necessary, for verification purposes, including verification required by third party payment processing and logistic service providers. Merchant/buyer hereby grants Pingomart his/her consent to use or provide to a third party his/her personal data to facilitate his/her use of the platform. Further, the Merchant/buyer authorizes

Pingomart to use his/her personal data to make any inquires we consider necessary to validate his/her identity with the appropriate entity such as his/her bank. For more information about how Pingomart handles your personal information, please visit our privacy policy page

The Pingomart guarantee is beside and without limitation to buyer’s and Merchant’s obligations under applicable law, which may go above and beyond what is provided for by the Pingomart guarantee. The Pingomart guarantee is neither intended nor designed to assist the buyer or Merchant in complying with its legal obligations, for which each party will remain solely responsible, and Pingomart accepts no liability in connection with the same. Without limitation, the Pingomart guarantee does not constitute a product warranty

Buyer and Merchant acknowledge and agree that Pingomart ’s decision (including any appeals) in respect of and relating to any issues concerning the Pingomart guarantee is final

For the avoidance of doubt, any transactions not conducted on the platform will not qualify for the protection offered by pingomart guarantee.

Rewards/Loyalty Point (RLP) system

Users may get RLP by buying merchandise on the platform using the Pingomart guarantee system or through participation in other Pingomart activities as Pingomart may from time to time determine based on the conversion rate determined by Pingomart in its sole discretion. Generally, RLP will be credited to a user’s account upon the completion of a successful transaction or activity approved by Pingomart.

Transaction not completed on the platform using Pingomart guarantee does not qualify for the Pingomart RLP system. Pingomart may at its sole discretion exclude categories of items from the Pingomart RLP system.

RLP credited to buyers has no monetary value, does not constitute buyers’ property, and cannot be purchased, sold, transferred, or redeemed for cash by the buyer.

Subject to Pingomart rules and regulation as determined, varied, or modified by Pingomart from time to time, subject to any cap imposed by Pingomart at its sole discretion, the user may redeem RLP by sending a request to Pingomart and use RLP to offset the purchase price of selected items when making purchases on the platform as advised by Pingomart from time to time. All refunds will be subject to Pingomart ’s refunds and return policy.

RLP you redeem will be deducted from your wallet balance. There is no expiry on the voucher provided by Pingomart.

We will inform you about bonus RLP that can be awarded for eligible activities. This may include but is not limited to purchases you make at participating Merchants or pursuant to specific promotional offers. We will notify you of the terms of such bonus awards if any.

Pingomart reserves the right to (i) discontinue the RLP system at any time at its sole discretion and (ii) cancel or suspend a user’s right to participate in the RLP system, including the ability to earn and redeem points at its sole discretion.

RLP Promotion and marketing Activities

Merchants may purchase RLP for distribution to buyers for marketing purposes under the “marketing center” section of the Merchant Center (“marketing center”). If you are a Merchant that purchases RLP, you will be deemed to have consented to the terms and conditions described in this section, and any explanatory materials published on this platform, the Merchant Center, or otherwise communicated to Merchants in writing (“Merchant RLP rules”).

To purchase RLP, you must be an eligible Merchant under the Merchant RLP rules. At the time you purchase and pay for the RLP, your account must not be suspended.

You may purchase RLP via the payment methods set out in the marketing center. After payment is completed, the RLP will be issued to your account for the giveaway to buyers within 24 hours and shall expire six (6) months after purchase or such other time as determined by Pingomart. Except as otherwise provided in the applicable Merchant RLP rules, you may not cancel the order and/or request for a refund after you have purchased Pingomart RLP and completed the payment process.

RLP purchased by Merchants may only be given away, free-of-charge, to buyers via promotional channels made available in the marketing center. You may not sell, redeem, or otherwise deal in, Pingomart RLP under any circumstances. You agree that failure to comply with this section or any of the Merchant coins rules may, without limitation, result in the forfeiture of Pingomart RLP purchased by you, in addition to any other actions or remedies that Pingomart may take or enforce.

You understand and agree that Pingomart does not warrant or guarantee any increase in viewership or sales of your items because of the purchase and distribution of RLP.

You are advised to only purchase RLP after fully considering your budget and intended advertising objectives. Pingomart shall not be liable for any compensation or be subject to any liability (including but not limited to actual expenses and lost profits) for the results or intended results of purchasing Pingomart RLP.

If, notwithstanding anything in these terms of service, Pingomart is found by a court of competent jurisdiction to be liable (including for gross negligence) concerning the purchase by you of Pingomart RLP, then, to the maximum extent permitted by applicable law, its liability to you or any third party is limited to the amount paid by you for the Pingomart RLP in question only.

Cashback Services

Users may receive a voucher entitling them to additional RLP (cashback vouchers) on eligible purchases on the platform. Upon the completion of a successful transaction where the cashback voucher has been applied, additional RLP will be credited to a user’s account based on the conversion rate as indicated in the terms and conditions of such cashback voucher or as determined by Pingomart in its sole discretion. RLP credited to a user following the redemption of a cashback voucher shall have the same terms and conditions (including concerning expiry) as regular RLP.

Delivery

Pingomart provides 2 types of delivery services. 1. Managed Delivery by Pingomart Team 2. Delivery by Merchant.

If the delivery is fulfilled by Merchant, then they need to comply with the below terms:

• Pingomart will inform the Merchant when Pingomart receives the buyer’s purchase monies. Unless otherwise agreed with Pingomart, Merchant should then make the necessary arrangements to have the purchased item delivered to Buyer and provide details such as the name of the delivery company, the tracking number, etc. To buyer through the platform.
• Merchant must use his/her best effort to ensure that buyer receives the purchased items within, whichever applicable, the Pingomart guarantee period or the time specified (for offline payment) by Merchant on Merchant’s listing.
• Users understand that Merchant bears all risk attached to the delivery of the purchased item(s) and warrants that he/she has or will obtain adequate insurance coverage for the delivery of the purchased item(s). In the event where the purchased item(s) is damaged, lost, or failure of delivery during the course of delivery, users acknowledge and agree that Pingomart will not be liable for any damage, expense, cost, or fees resulted therefrom and Merchant and/or buyer will reach out to the logistic service provider to resolve such dispute.
• For cross-border transactions. Users understand and acknowledge that, where a product listing states that the product will ship from overseas, such product is being sold from a Merchant based outside of the Philippines, and the importation and exportation of such product are subject to local laws and regulations. Users Should Familiarize Themselves With All Import And Export Restrictions That Apply To The Designating Country. Users acknowledge that Pingomart cannot provide any legal advice in this regard and agrees that Pingomart shall not bear any risks or liabilities associated with the import and export of such products to the Philippines.

Cancellation, return and refund

Buyer may only cancel his/her order before the payment of buyer’s purchase monies.

Buyer may apply for the return of the purchased item and refund before the expiry of Pingomart guarantee period, if applicable, subject to and following Pingomart ’s refunds and return policy. Please refer to Pingomart ’s refunds and return policy for further information.

Pingomart reserves the right to cancel any transaction on the platform for valid/legal grounds, such as in certain cases where Merchant and buyer cannot or do not fulfill their obligations under the contract for sale between Merchant and buyer. Buyer agrees that buyer’s sole remedy will be to receive a refund of the buyer’s purchase monies paid into Pingomart account.

If you have redeemed RLP for your transaction and you are successful in obtaining a refund based on Pingomart ’s refunds and return policy, Pingomart shall refund the monies you have paid for the item and credit back any redeemed RLP to your account separately with 2 weeks.

Pingomart does not monitor the cancellation, return, and refund process for offline payment.

Merchant’s responsibilities

Merchant shall effectively manage and ensure that relevant information such as the price and the details of items, inventory amount, and terms and conditions for sales is updated on merchant listing and shall not post inaccurate or misleading information.

The price of items for sale will be determined by the merchant at his/her discretion. The price of an item and shipping charges shall include the entire amount to be charged to the buyer such as sales tax, value-added tax, tariffs, etc. And Merchant shall not charge buyer such amount additionally and separately.

Merchant agrees that Pingomart may at its discretion engage in promotional activities to induce transactions between buyer and Merchant by reducing, discounting, or refunding fees, or in other ways. The final price that buyer will pay will be the price that such adjustment is applied to.

To promote the sales of the items listed by the merchant, Pingomart may post such items (at adjusted price) on third-party websites (such as portal sites and price comparison sites) and other websites (domestic or foreign) operated by Pingomart.

Merchant shall issue receipts; credit card slips or tax invoices to the buyer on request.

Merchant acknowledges and agrees that he/she will be responsible for paying all taxes, customs, and duties for the item sold and Pingomart cannot provide any legal or tax advice in this regard. As tax laws and regulations may change from time to time, Merchants are advised to seek professional advice if in doubt.

Merchant acknowledges and agrees that any violation of Pingomart ’s policies will result in a range of actions as stated under this term of services.

Applicable fees (Transaction, Services, assistance)

Pingomart charges a fee for all successful transactions completed via bank transfer, credit card, or Pingomart wallet on the platform (“transaction fee”). The transaction fee is borne by the merchant and is calculated as two percent (2.0%) of the buyer’s purchase monies, rounded to the nearest peso. The transaction fee is exclusive of value-added tax. Pingomart shall issue receipts or tax invoices for the transaction fee upon request.

For merchants located outside of the Philippines, Pingomart charges a fee for all successful transactions completed via bank transfer, credit card, or Pingomart wallet on the platform (“cross border fee”). The cross-border fee is borne by the Merchant, and is calculated according to the rates as notified to such Merchants from time to time on the platform,

Following the successful completion of a transaction, Pingomart shall deduct the transaction fee and the cross-border fee (as applicable) from the buyer’s purchase monies and remit the balance to the merchant.

Pingomart shall issue receipts or tax invoices for the transaction fee paid by Merchant on request.

Pingomart will be working out merchant services related fees on a case by case basis. You may verify the agreement made with you or your organization.

Free of Transaction fee period will be worked out with each merchant depending upon their business need and sales volume. You may verify the agreement made with you or your organization.

The onboarding assistance fee applies to merchants who would like to use Pingomart Merchant Success Team to assist them in loading products to the platform, create artwork, marketing material, promotion materials, etc.

Disputes

The buyer and Merchant agree to communicate with each other first to attempt to resolve any dispute by mutual discussions, which Pingomart shall use reasonable commercial efforts to facilitate. If the matter cannot be resolved by mutual discussions, Users may approach the claims tribunal of their local jurisdiction to resolve any dispute arising from a transaction.

Each buyer and Merchant covenants and agrees that it will not bring a suit or otherwise assert any claim against Pingomart or its affiliates (except where Pingomart or its affiliates is the Merchant of the product that the claim relates to) concerning any transaction made on the Platform or any dispute related to such transaction.

Feedback

Pingomart welcomes information and feedback from our users which will enable Pingomart to improve the quality of service provided. Like:

• Email to or using the feedback form found on the app.
• Users affected by the feedback should be fully informed of all facts and allowed to put forward their case.
• Vague and defamatory feedback will not be entertained.

Disclaimers

The services are provided "as is" and without any warranties, claims, or representations made by Pingomart of any kind either expressed, implied, or statutory concerning the services, including, without limitation, warranties of quality, performance, non-infringement, merchantability, or fitness for a particular purpose, nor are there any warranties created by a course of dealing, course of performance or trade usage. Without limiting the foregoing and to the maximum extent permitted by applicable law, Pingomart does not warrant that the services, this platform, or the functions contained therein will be available, accessible, uninterrupted, timely, secure, accurate, complete or error-free, that defects, if any, will be corrected, or that this platform and/or the server that makes the same available are free of viruses, clocks, timers, counters, worms, software locks, drop dead devices, trojan-horses, routings, trap doors, time bombs or any other harmful codes, instructions, programs or components.

You acknowledge that the entire risk arising out of the use or performance of the platform and/or the services remains with you to the maximum extent permitted by applicable law.

Pingomart has no control over and, to the maximum extent permitted by applicable law, does not guarantee or accept any responsibility for (a) the fitness for purpose, existence, quality, safety, or legality of items available via the services; or (b) the ability of Merchants to sell items or of buyers to pay for items. If there is a dispute involving one or more users, such users agree to resolve such dispute between themselves directly and, to the maximum extent permitted by applicable law, release Pingomart and its affiliates from any claims, demands, and damages arising out of or in connection with any such dispute.

Exclusions and limitations of liability

To the maximum extent permitted by applicable law, in no event shall Pingomart be liable whether in contract, warranty, tort (including, without limitation, negligence (whether active, passive or imputed), product liability, strict liability or other theory), or other cause of action at law, in equity, by statute or otherwise, for:

• Loss of use and/or profits and/or revenues and/or loss of data and/or loss of goodwill and our failure to realize anticipated savings, in each case whether direct or indirect or any indirect, incidental, special or consequential damages, arising out of or in connection with the use or inability to use this platform or the services, including, without limitation, any damages resulting therefrom, even if Pingomart has been advised of the possibility of such damages.

You acknowledge and agree that your only right concerning any problems or dissatisfaction with the services is to request for termination of your account and/or discontinue any use of the services.

If, notwithstanding the previous sections, Pingomart is found by a court of competent jurisdiction to be liable (including for gross negligence), then, to the maximum extent permitted by applicable law, its liability to you or any third party is limited to the lesser of: (a) any amounts due and payable to you according to the Pingomart guarantee; and (b) sg $100 (one hundred Singapore dollars).

Nothing in these terms of service shall limit or exclude any liability for death or personal injury caused by Pingomart ’s negligence, for fraud, or for any other liability on the part of Pingomart that cannot be lawfully limited and/or excluded.

Your contributions to the services

By submitting content for inclusion on the services, you represent and warrant that you have all necessary rights and/or permissions to grant the licenses below to Pingomart.You further acknowledge and agree that you are solely responsible for anything you post or otherwise make available on or through the services, including, without limitation, the accuracy, reliability, nature, rights clearance, compliance with the law, and legal restrictions associated with any content contribution. You hereby grant Pingomart and its successors a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable, and transferable license to use, copy, distribute, republish, transmit, modify, adapt, create derivative works of, publicly display, and publicly perform such content contribution on, through or in connection with the services in any media formats and through any media channels, including, without limitation, for promoting and redistributing part of the services (and its derivative works) without the need of attribution and you agree to waive any moral rights (and any similar rights in any part of the world) in that respect. You understand that your contribution may be transmitted over various networks and changed to conform and adapt to technical requirements.

Any content, material, information, or idea you post on or through the services or otherwise transmit to Pingomart by any means (each, a "submission"), is not considered confidential by Pingomart and may be disseminated or used by Pingomart without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. By making a submission to Pingomart, you acknowledge and agree that Pingomart and/or other third parties may independently develop software, applications, interfaces, products and modifications and enhancements of the same which are identical or similar in function, code, or other characteristics to the ideas set out in your submission. Accordingly, you hereby grant Pingomart and its successors a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable, and transferable license to develop the items identified above, and to use, copy, distribute, republish, transmit, modify, adapt, create derivative works of, publicly display, and publicly perform any submission on, through or in connection with the services in any media formats and through any media channels, including, without limitation, for promoting and redistributing part of the services (and its derivative works). This provision does not apply to personal information that is subject to our privacy policy except to the extent that you make such personal information publicly available on or through the services.

Third-party contributions to the services and external links

Each contributor to the services of data, text, images, sounds, video, software, and other content is solely responsible for the accuracy, reliability, nature, rights clearance, compliance with the law, and legal restrictions associated with their Content contribution. As such, Pingomart is not responsible to, and shall not, regularly monitor or check for the accuracy, reliability, nature, rights clearance, compliance with the law, and legal restrictions associated with any contribution of content. You will not hold Pingomart responsible for any user's actions or inactions, including, without limitation, things they post or otherwise make available via the services.

Also, the services may contain links to third-party products, websites, services, and offers. These third-party links, products, websites, and services are not owned or controlled by Pingomart. Rather, they are operated by, and are the property of, the respective third parties, and may be protected by applicable copyright or other intellectual property laws and treaties. Pingomart has not reviewed and assumes no responsibility for the content, functionality, security, services, privacy policies, or other practices of these third parties. You are encouraged to read the terms and other policies published by such third parties on their websites or otherwise. By using the services, you agree that Pingomart shall not be liable in any manner due to your use of, or inability to use, any website or widget. You further acknowledge and agree that Pingomart may disable your use of, or remove, any third-party links, or applications on the services to the extent they violate these terms of service.

Your representations and warranties

You represent and warrant that:

• You possess the legal capacity (and in the case of a minor, valid parent or legal guardian consent), right, and ability to enter into these terms of service and to comply with its terms
• You will use the services for lawful purposes only and following these terms of service and all applicable laws, rules, codes, directives, guidelines, policies, and regulations.

Fraudulent or suspicious activity

If Pingomart, in its sole discretion, believes that you may have engaged in any potentially fraudulent or suspicious activity and/or transactions, we may take various actions to protect Pingomart, other buyers or Merchants, other third parties, or you from reversals, chargebacks, claims, fees, fines, penalties, and any other liability. The actions we may take include but are not limited to the following:

• We may close, suspend, or limit your access to your account or the services, and/or suspend the processing of any transaction
• We may hold, apply, or transfer the funds in your account as required by judgments and orders which affect you or your account, including judgments and orders issued by courts in Singapore or elsewhere and directed to Pingomart
• We may refuse to provide the services to you now and in the future
• We may hold your funds for a period of time reasonably needed to protect against the risk of liability to Pingomart or a third party, or if we believe that you may be engaging in potentially fraudulent or suspicious activity and/or transactions

Indemnity

You agree to indemnify, defend and hold harmless Pingomart , and its shareholders, subsidiaries, affiliates, directors, officers, agents, co-branders or other partners, and employees (collectively, the "indemnified parties") from and against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, any other dispute resolution expenses) incurred by any indemnified party arising out of or relating to: (a) any transaction made on the platform, or any dispute in relation to such transaction (except where Pingomart or its affiliates is the Merchant in the transaction that the dispute relates to), (b) the Pingomart guarantee, (c) the hosting, operation, management and/or administration of the services by or on behalf of Pingomart , (d) your violation or breach of any term of these terms of service or any policy or guidelines referenced herein, (e) your use or misuse of the services, or (f) your breach of any law or any rights of a third party, or (g) any content uploaded by you.

Severability

If any provision of these terms of service shall be deemed unlawful, void, or for any reason unenforceable under the law of any jurisdiction, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions in such jurisdiction nor the validity and enforceability of the provision in question under the law of any other jurisdiction.

Governing law

These terms of service shall be governed by and construed in accordance with the laws of the Republic of Singapore without regard to its conflict of law rules. The united nations convention on contracts for the international sale of goods and the uniform computer information transaction act, to the extent applicable, are expressly disclaimed. Unless otherwise required by applicable laws, any dispute, controversy, claim, or difference of any kind whatsoever shall be arising out of or relating to these terms of service against or relating to Pingomart or any indemnified party under these terms of service shall be referred to and finally resolved by arbitration in Singapore in accordance with the arbitration rules of the Singapore international arbitration center (“siac rules”) for the time being in force, which rules are deemed to be incorporated by reference in this section. There will be one (1) arbitrator and the language of the arbitration shall be English.

General provisions

Pingomart reserves all rights not expressly granted herein.

Pingomart may modify these terms of service at any time by posting the revised terms of service on this platform. Your continued use of this platform after such changes have been posted shall constitute your acceptance of such revised terms of service.

You may not assign, sublicense, or transfer any rights granted to you hereunder or subcontract any of your obligations.

Nothing in these terms of service shall constitute a partnership, joint venture, or principal-agent relationship between you and Pingomart, nor does it authorize you to incur any costs or liabilities on Pingomart ’s behalf.

The failure of Pingomart at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing.

These terms of service are solely for your and our benefit and are not for the benefit of any other person or entity, except for Pingomart 's affiliates and subsidiaries (and each of Pingomart 's and its affiliates' and subsidiaries' respective successors and assigns).

The terms outlined in these terms of service and any agreements and policies included or referred to in these terms of service constitute the entire agreement and understanding of the parties concerning the services and the platform and supersede any previous agreement or understanding between the parties concerning such subject matter. The parties also hereby exclude all implied terms. In entering into the agreement formed by these terms of service, the parties have not relied on any statement, representation, warranty, understanding, undertaking, promise, or assurance of any person other than as expressly set out in these terms of service. Each party irrevocably and unconditionally waives all claims, rights, and remedies which but for this section it might otherwise have had concerning any of the foregoing. These terms of service may not be contradicted, explained, or supplemented by evidence of any prior agreement, any contemporaneous oral agreement, or any consistent additional terms.

You agree to comply with all applicable laws, statutes, regulations, and codes relating to anti-bribery and corruption including without limitation the UK Bribery Act, US foreign corrupt practices act, and the Singapore prevention of corruption act, and confirm that you have and shall have in place all policies and procedures needed to ensure compliance with such requirements.

If you have any questions or concerns about these terms of service or any issues raised in these terms of service or on the platform, please contact our customer support team.

General Business Licenses Applicable to all types of Merchants

• Bureau of Internal Revenue (TIN)
• Barangay Clearance
• DTI (Department of Trade and Industry) Business Name Registration Certificate
• Mayor’s Permit / Business Permit
• SEC Registration Certificate
• SSS [for employees’ social security]
• DOLE [Department of Labor and Employment]
• Cooperative Development Authority (CDA) [if the entity is a cooperative]

Industry	Additional license is required from this Government Sector
Production of food, drugs and cosmetic products	Food and Drug Administration (FDA)
Manufacturers of garments and textile for exports	Garments and Textile Industry Development Office (GTIDO)
Export of coconuts and coconut by-products	Philippine Coconut Authority (PCA)
Rice/Corn Businesses	National Food Authority (NFA) Processors and
Processors and traders of fibers and fiber products	Fiber Industry Development Authority (FIDA)
Fish/Fish Products	Bureau of Fisheries and Aquatic Resources (BFAR)
Animals/Animal By-Product	Bureau of Animal Industry (BAI)
Export of plant and plant products	Bureau of Plant Industry (BPI)
Exporters of forest products (e.g. logs, lumber products, plywood, etc.)	Bureau of Forest Development
Production or export of flue-cured Virginia-type tobacco, Burley tobacco and Turkish/Oriental tobacco products	National Tobacco Administration (NTA)
Commodity clearance for producers, manufacturers or exporters	DTI-Bureau of Philippine Standards (BPS)
Export oriented firms as sub-contractors/suppliers (For the following sectors: garments and handwoven fabrics, gifts and housewares, furniture and fixtures, footware and leather goods, fresh and processed foods, and jewelry)	National Subcontractors Exchange (SUBCONEX)
Food Service Establishments	Based on the IRR of PD 856, these two sanitation requirements should be met for a food business to operate: a sanitary permit for food establishments and a health certificate issued by the city or municipal health officer for the staff.