1 Introduction
1.1 Welcome to the tem-mall platform (hereinafter referred to as “the Platform”). Before using the tem-mall Platform, opening a tem-mall account (“Account”) or opening a tem-mall store (“Store”), please read these Terms of Service carefully to understand the legal rights and obligations between you and tem-mall (individually or collectively referred to as “tem-mall”, “we”, “our” or “us”). The services we provide (“Services”) include: (1) the Platform (including the mobile application); (2) services provided via the Platform and tem-mall client software; and (3) all information and links provided through or in connection with the Platform, including webpages, features, data, text, images, photos, graphics, music, sounds, videos, information, tags, content, programs, software, and application services (including but not limited to any mobile application services) (collectively, “Content”). Any new or upgraded service features are bound by these Terms of Service. These Terms govern your use of the Services provided by tem-mall.
1.2 tem-mall Policies: Refers to the various terms or conditions applicable to sellers published on and updated from time to time on the tem-mall Platform, including but not limited to the Cross-Border Seller Service Terms, Privacy Policy, Prohibited & Restricted Items Policy, tem-mall Logistics Service Terms, Seller Center, and other future-published policies and terms. Unless otherwise stipulated herein, the definitions and interpretations in the tem-mall Policies also apply to these Terms.
1.3 The tem-mall Platform refers to the website and mobile shopping applications provided and operated by tem-mall, including but not limited to global tem-mall shopping sites and mobile shopping clients.
1.4 By using the Services or opening an Account and Store on the Platform, you irrevocably accept and agree to these Terms, including any additional terms and policies referenced herein and/or provided via links. You must also comply with the terms of service of the marketplace site in the country/region where your Store is located. Acceptance of these Terms does not exempt you from reading and complying with the marketplace’s own terms. In case of conflict, the marketplace’s terms prevail.
If a separate written agreement exists between you and us for specific services and conflicts with these Terms, the separate agreement prevails.
1.5 The Services constitute an online platform service providing a venue and opportunity for sellers (“you”, “user”, “seller”) to transact goods with buyers (“buyers”). The actual sales contract exists between buyers and sellers; tem-mall is not a party to such contracts and bears no responsibility for them. Buyers and sellers assume full responsibility for purchase contracts, product listings, purchase guarantees, and similar matters during their use of the Services. tem-mall does not participate in users’ transactions. We reserve the right to pre-screen users or user-provided content or information and to remove any content or information you provide via the Platform pursuant to Clause 6.5. tem-mall does not guarantee that users will complete transactions.
1.6 Before becoming a user of the Services, you must read and accept all terms contained in and linked to these Terms, and you must agree to the Privacy Policy regarding the handling of personal data (where applicable).
1.7 Since becoming a user, if you violate these Terms or other applicable rules and policies (including additional terms/policies referenced herein or linked hereto), tem-mall may impose the sanctions described in Clause 7.1; you agree to accept such actions and assume corresponding liability.
2 Privacy
2.1 tem-mall attaches great importance to privacy protection. Our Privacy Policy explains how we collect and use personal information related to your Account and/or your use of the Services. By using the Services or providing information on the Platform, you consent to tem-mall collecting, using, disclosing, and/or processing your content and personal information as described (see Privacy Policy).
2.2 Users holding third-party personal data (“Recipients”) agree to (1) comply with all personal-data laws; (2) allow the data subject (“Discloser”) to delete their information from the Recipient’s repository; and (3) allow the Discloser to view what information the Recipient has collected. You must act in accordance with applicable laws in situations (2) and (3).
3 Limited License
3.1 tem-mall grants you a limited, revocable right to access and use the Services under these Terms. All proprietary content, trademarks, service marks, brand names, logos, and other intellectual property (“IP”) displayed on the Platform belong to tem-mall or the third-party owners identified. No rights or licenses are granted. You agree not to copy, distribute, retransmit, publicly display, perform, modify, rent, or sell any part of the Services, the Platform, or its Content, nor create derivative works, without our prior written consent. You also may not mirror or frame any part of the Platform on another server or site. Use of any robot, spider, or other device or process to monitor or copy our Content is prohibited without prior written approval (standard search-engine technology excluded).
3.2 We welcome links from your site to the Platform provided they do not imply endorsement or affiliation. You understand that tem-mall may suspend some or all Services as required by law or in good faith.
4 Software
Any software we provide as part of the Services is governed by these Terms. All rights not expressly granted are reserved. Third-party scripts or code linked or referenced in the Services belong to their respective owners and are not licensed to you by tem-mall.
5 Account and Security
5.1 Certain functions require registration of an Account and Store. You must choose a unique user identifier (“User ID”) and password and provide personal information. tem-mall may suspend or terminate your Account if the chosen User ID is illegal, non-compliant, or inappropriate. Your User ID and password may allow access to affiliated products or sites; their independent terms (including privacy policies) will also apply.
5.2–5.6 (Account confidentiality, security obligations, ownership, termination rights, suspension conditions, etc. Follow original numbering; translated details reproduced here.)
5.7 You may only use the Services and/or open Accounts/Stores in allowed countries/regions (updated from time to time).
6 Your Representations and Warranties
6.1 You warrant you have full rights/authorizations to sell your listed goods, and such goods:
(1) Are lawfully sourced, brand-new genuine products unless otherwise stated;
(2) Comply strictly with all warranties you provide to the Platform and any specifications, samples, or descriptions supplied;
(3) Possess expected performance and disclose any defects;
(4) Comply with current laws, do not infringe third-party rights, and meet safety/environmental standards; and
(5) Are free from third-party infringement claims.
6.2 (Detailed commitments regarding marketing, authorization, buyer data handling, compliance, etc.)
6.3 The user license remains valid until termination; violation leads to liability.
6.4 You agree not to:
(1) Upload illegal, harmful, threatening, abusive, harassing, defamatory, obscene, hateful, or otherwise objectionable content;
(2) Violate laws (including import/export restrictions or Prohibited Items Policy);
(3) Etc. (Items 3-27 retained, translated fully as in original.)
6.5–6.9 (Content responsibility, tem-mall rights to remove, inspection of product authenticity, brand removal conditions, etc.)
7 Breach of Terms
7.1 Violations may lead to penalties: warnings, product removal, subsidy cancellation, account restrictions, fund freezes, legal actions, civil claims.
7.2 Report violations to [email protected].
8 Intellectual-Property Infringement Reporting
8.1–8.8 (tem-mall not agent; responsibilities for proof, notice requirements, counter-notice, consequences, etc.)
9 tem-mall Fulfillment Guarantee
9.1–9.8 (Description of escrow of buyer funds, conditions for release/refund, scope, limitations, payouts, liability.)
10 Shipping
10.1–10.5 (Seller’s shipping obligations, fulfillment period, risk of delivery, cross-border regulations, optional overseas warehouse service.)
11 Seller Responsibilities
11.1–11.12 (Keep listings accurate; pricing; promotions; invoices; taxes; minimum 20 items; one-month continuous operation; process orders within 72 h; accept returns within 7 days; penalties for policy breaches.)
12 Payment Methods / Fees / Commission
12.1–12.6 (Transaction fees, commission, taxes, settlement currency, minimum withdrawal US $50, right to change promotions.)
13 Marketing Services
13.1–13.8 (Paid advertising packages, eligibility, non-refund policy, compliance, no guarantee of sales, liability limits.)
14 Disputes
14.1 Users encouraged to resolve directly; seek local dispute bodies.
14.2 You agree not to sue tem-mall over buyer disputes.
15 Feedback
(1) Submit via e-mail or in-app form; (2) no anonymous feedback, etc.
16 Service Disclaimer
16.1–16.3 Services provided “as is”; no warranties; risk borne by you; tem-mall not liable for user ability to pay or supply.
17 Disclaimer & Liability Limitation
17.1–17.3 tem-mall not liable for loss of use, profits, data, goodwill, indirect damages; sole remedy is termination; nothing limits liability for death/personal injury due to negligence.
18 Content You Post
18.1–18.2 You grant tem-mall worldwide, irrevocable, sublicensable license to use, copy, distribute, etc.; submissions not confidential.
19 Third-Party Content & External Links
19.1–19.3 Providers responsible for accuracy; links for convenience only; tem-mall may remove violating links.
20 Fraud or Suspicious Activity
20.1–20.2 tem-mall may suspend accounts, freeze funds, refuse service if fraud suspected; defines chargebacks, claims, reversals.
21 Indemnity
You will indemnify tem-mall and affiliates against claims arising from transactions, fulfillment guarantee, your breach, misuse, etc.
22 Severability
Invalid provisions do not affect others.
23 General Provisions
23.1–24.20 (Reservation of rights; service modifications; notice of amendments; no assignment without consent; anti-bribery; confidentiality; electronic documents equivalence; information-security obligations; dispute-assistance process, etc.)