Terms of Condition


Last updated:【2024/11/14】

Welcome to MyyShop

These Terms of Condition govern your use of MyyShop and provide information about the MyyShop Service, outlined below. When you create a MyyShop account or use MyyShop, you agree to these terms.

ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. WE EXPLAIN SOME EXCEPTIONS AND HOW YOU CAN OPT OUT OF ARBITRATION BELOW.


Please read the following Terms Of Use ("Terms") carefully. These Terms govern your use of this website and the services offered through the website.

This website is operated jointly by AVATAR TRADING and MYYSHOP VIP TECHNOLOGY HONG KONG LIMITED, RM 1903, 19/F LEE GARDEN ONE 33 HYSAN AVENUE CAUSEWAY BAY HONG KONG.

In the event you choose to pay with a credit card and the payment will be processed via a HONG KONG, these terms are an agreement between you and MYYSHOP VIP TECHNOLOGY HONG KONG LIMITED at RM 1903, 19/F LEE GARDEN ONE 33 HYSAN AVENUE CAUSEWAY BAY HONG KONG ;

In the event you choose to pay with credit card and the payment will be processed via a European Acquirer. These terms are an agreement between you and AVATAR TRADING at 24 rue de Clichy 75009 Paris,France. These Terms shall be governed by the laws of France, without regardtoits conflict of laws rules or principles.

Company:AVATAR TRADING

Address:AVATAR TRADING at 24 rue de Clichy 75009 Paris,France

Application of Terms of Condition

Your use and access of the Site and its services, software and products (collectively, the "Services ") are governed by all terms and conditions related to this Agreement as well as the Security and Privacy Policy, the Intellectual Property Rights Policy, and any other rules and policies of the Site that MyyShop may publish from time to time. This Agreement and such other rules and policies of the Site are collectively referred to herein as the "Terms". Meanwhile, with regard to your purchases and transactions on the Site, the Registration Agreement and related terms and conditions between you as a buyer or seller and MyyShop will be binding upon you. Therefore, we recommend that you read this Agreement and all relevant additional terms, conditions and information, including, but not limited to, the Registration Agreement, the Security and Privacy Policy and the Intellectual Property Rights Policy, carefully.

Please be advised that your use and/or access to the Site are also subject to any terms and conditions applicable to certain specific Member Services (defined below). In the event of any conflict or inconsistency between the aforesaid terms, conditions and information and the terms and conditions applicable to that specific Member Service, the terms and conditions applicable to the specific Member Service shall prevail.

Member Services means a certain feature or function that MyyShop reserves for only certain paying Users who undergo a specific registration or verification process. The contents and fee structure of such Member Services shall be determined by MyyShop independently and reported to the applicable Users from time to time and at any time through a notice posted on the Site, email or other means.

If MyyShop has posted or provided a translation of the English language version of the Terms, you agree that the translation is provided for convenience only and that the English language version will govern your use of the Services or the Site.

The Terms may not otherwise be modified except in writing by an authorized officer of MyyShop.

The MyyShop Service

We agree to provide you with the MyyShop Service. The Service includes all of the MyyShop products, features, applications, services, technologies, and software that we provide to advance MyyShop's mission: To bring you closer to the people and things you love. The Service is made up of the following aspects (the Service):

Offering personalized opportunities to create, connect, communicate, discover, and share.

People are different. We want to strengthen your relationships through shared experiences you actually care about. So we build systems that try to understand who and what you and others care about and use that information to help you create, find, join, and share in experiences that matter to you. Part of that is highlighting content, features, offers, and accounts you might be interested in, and offering ways for you to experience MyyShop, based on things you and others do on and off MyyShop.

Fostering a positive, inclusive, and safe environment. We develop and use tools and offer resources to our community members that help to make their experiences positive and inclusive, including when we think they might need help. We also have teams and systems that work to combat abuse and violations of our Terms and policies, as well as harmful and deceptive behavior. We use all the information we have - including your information - to try to keep our platform secure. We also may share information about misuse or harmful content with law enforcement.

Developing and using technologies that help us consistently serve our growing community.

Organizing and analyzing information for our growing community is central to our Service. A big part of our Service is creating and using cutting-edge technologies that help us personalize, protect, and improve our Service on an incredibly large scale for a broad global community. Technologies like artificial intelligence and machine learning give us the power to apply complex processes across our Service. Automated technologies also help us ensure the functionality and integrity of our Service.

Ensuring a stable global infrastructure for our Service. To provide our global Service, we must store and transfer data across our systems around the world, including outside of your country of residence.

Connecting you with brands, products, and services in ways you care about.

We use data from MyyShop and third-party partners, to show you ads, offers, and other sponsored content that we believe will be meaningful to you. We try to make that content as relevant as all your other experiences on MyyShop.

Research and innovation. We use the information we have to study our Service and collaborate with others on research to make our Service better and contribute to the well-being of our community.

Use of MyyShop

By accepting these Terms of Use through your use or access of the Site, you represent that you are (a) a person of legal age and able to form a legally binding contract in the jurisdiction in which you are a resident and from which you use the Services, and (b) permitted to receive any Services under the laws of the jurisdiction in which you are a resident and from which you use the Services. If you do not agree to (or cannot comply with) this Section, do not use this Site.

All billing and registration information provided on the Site must be truthful and accurate. Each User shall be solely responsible for the information and content posted on the Site. Providing untruthful or inaccurate information constitutes a breach of these Terms of Use.

For all materials, including images, text, illustrations, designs, icons, photographs, and the checkout process, you agree to accept and pay for the item(s) purchased. You realize that any delay in the process of delivery payment may constitute a contract breach, and you shall be solely responsible for such breach.

Each User understands and accepts that the price listed for the product on the Site and/or the price paid for the product may include the commission due to MyyShop.

You understand that by using and accessing the Site or any Services provided on the Site, you may encounter content that may be deemed by some to be offensive, indecent, or objectionable, which content may or may not be identified as such. You agree to use the Site and any Service at your sole risk, and that MyyShop shall have no liability to you for Content that may be deemed to be offensive, indecent, or objectionable.

Each User understands and accepts that the product and content listing or displaying on the Site may relate to copyrights, trademarks, trade secrets, patents and other personal or proprietary rights of a third party. Further, each User agrees that the User who uploads or lists that content and information on the Site shall be solely responsible for any violation of third-party rights. The Site and MyyShop shall not be liable for any infringement or purchase dispute related to the intellectual property and/or other personal or proprietary rights of a third party.

When required by the government, law enforcement body, or obligee whose legitimate right has been injured, or forced by subpoena or other legal document, MyyShop may disclose the User's identity and contact information. The user agrees not to bring any action or claim against MyyShop for such disclosure.

The Site may allow Users to access content, products or services offered by third parties through hyperlinks (in the form of word links, banners, channels or otherwise), API or otherwise. You are cautioned to read such websites' terms and conditions and/or privacy policies before using such sites. You acknowledge that MyyShop has no control over such third parties websites, and does not monitor such websites, and MyyShop shall not be responsible or liable to anyone for such websites, or any content, products or services made available on such websites.

We want our Service to be as open and inclusive as possible, but we also want it to be safe, secure, and in accordance with the law. So, we need you to commit to a few restrictions in order to be part of the MyyShop community.

  • You must not be prohibited from receiving any aspect of our Service under applicable laws or engaging in payments-related Services if you are on an applicable denied party listing.
  • We must not have previously disabled your account for violation of law or any of our policies.
  • You must not be a convicted sex offender.

How You Can't Use MyyShop

Providing a safe and open Service for a broad community requires that we all do our part.

  • You can't impersonate others or provide inaccurate information. You don't have to disclose your identity on MyyShop, but you must provide us with accurate and up-to-date information (including registration information). Also, you may not impersonate someone you aren't, and you can't create an account for someone else unless you have their express permission.
  • You can't do anything unlawful, misleading, or fraudulent or for an illegal or unauthorized purpose.
  • You can't violate (or help or encourage others to violate) these Terms or our policies.
  • You can't do anything to interfere with or impair the intended operation of the Service.
  • You can't attempt to create accounts or access or collect information in unauthorized ways. This includes creating accounts or collecting information in an automated way without our express permission.
  • You can't attempt to buy, sell, or transfer any aspect of your account (including your username) or solicit, collect, or use login credentials or badges of other users.
  • You can't post private or confidential information or do anything that violates someone else's rights, including intellectual property.
  • You can't use a domain name or URL in your username without our prior written consent.

Instructions for Use(Applicable to transactions between the Buyers and Sellers)

Each User understands and agrees that MyyShop is not a traditional seller or mart. Through the Site, what MyyShop provides is only an online platform or venue for information exchange and transaction between buyers and sellers, including electronic web-based transaction platforms for Users to place, accept, conclude, manage and fulfill orders for the provision of products and services online subject to the Registration Agreement. Although MyyShop will monitor the regular operation of the Site to fulfill its duty of care, MyyShop does not review and check each item of posted content and listing to search for infringement or illegal activity.

Despite the Terms, no agency relationship will be created between MyyShop and any seller or buyer concerning the listing and transaction, whether or not such transactions are entered into via the Site.

User hereby acknowledges that although MyyShop tries its best to provide Users with accurate information and listings posted by sellers, and do general verifications of the identity of sellers, there are still risks associated with purchasing from parties online. Therefore, we encourage you, the users of the Site, to use the relevant tools available, reasonable judgment and common sense when making a deal online.

In no event shall MyyShop be responsible for any infringement or transaction dispute, including, but not limited to, transaction disputes about quality, safety, breach of warranty, lawfulness or availability of the products or services and the payment from buyers, as well as any intellectual property infringement by sellers.

The users (including the seller and buyer) agree to release and indemnify MyyShop and its agents, affiliates, directors, officers and employees from all claims, demands, actions, proceedings, costs, expenses and damages (including, but not limited to, any actual, special, incidental or consequential damages) arising out of or in connection with any transactional dispute about the products, listing, or information on the Site.

In order to help the sellers and the Registered Users solve and settle any transactional disputes effectively and efficiently, MyyShop has established the "Handling Procedures for Transactional Disputes". Such procedures can be viewed at: https://www.myyshop.com/docs/termsCondition.   Here, the sellers and Registered Users shall agree that when the Registered Users file the transactional disputes with MyyShop, the sellers and the Registered Users should comply with the "Handling Procedures for Transactional Dispute", and permit MyyShop to make a final binding decision regarding the dispute.

Permissions You Give to Us

As part of our agreement, you also give us the permissions that we need to provide the Service.

We do not claim ownership of your content, but you grant us a license to use it. Nothing is changing about your rights in your content. We do not claim ownership of your content that you post on or through the Service. Instead, when you share, post, or upload content that is covered by intellectual property rights (like photos or videos) on or in connection with our Service, you hereby grant us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with your privacy and application settings). You can end this license anytime by deleting your content or account. However, content will continue to appear if you share it with others and they have not deleted it.

Permission to use your username, profile picture, and information about your relationships and actions with accounts, ads, and sponsored content. You give us permission to show your username, profile picture, and information about your actions (such as likes) or relationships (such as follows) next to or in connection with accounts, ads, offers, and other sponsored content that you follow or engage with that are displayed on MyyShop, without any compensation to you. For example, we may show that you liked a sponsored post created by a brand that has paid us to display its ads on MyyShop. As with actions on other content and follows of other accounts, actions on sponsored content and follows of sponsored accounts can be seen only by people who have permission to see that content or follow. We will also respect your ad settings.

You agree that we can download and install updates to the Service on your device.

To register and log in by using the SMS verification code of your mobile phone number, you agree to authorize the platform to send SMS messages to users' mobile phone numbers, including authentication and marketing SMS.

Additional Rights We Retain

If you select a username or similar identifier for your account, we may change it if we believe it is appropriate or necessary (for example, if it infringes someone's intellectual property or impersonates another user).

If you use content covered by intellectual property rights that we have and make available in our Service (for example, images, designs, videos, or sounds we provide that you add to content you create or share), we retain all rights to our content (but not yours).

You must obtain written permission from us or under an open source license to modify, create derivative works of, decompile, or otherwise attempt to extract source code from us.

Content Removal and Disabling or Terminating Your Account

We can remove any content or information you share on the Service if we believe that it violates these Terms of Condition, or we are permitted or required to do so by law. We can refuse to provide or stop providing all or part of the Service to you (including terminating or disabling your account) immediately to protect our community or services, or if you create risk or legal exposure for us, violate these Terms of Condition, if you repeatedly infringe other people's intellectual property rights, or where we are permitted or required to do so by law. If you believe your account has been terminated in error, or you want to disable or permanently delete your account, contact us at support@myyshop.com .

The Content you delete may persist for a limited period of time in backup copies and will still be visible where others have shared it. This paragraph, and the section below called "Our Agreement and What Happens if We Disagree," will still apply even after your account is terminated or deleted.

Who Is Responsible if Something Happens

To the maximum extent permitted by law, this Site is provided by MyyShop on an "as is", "as available" and "with all facts" basis. MyyShop makes no representations or warranties of any kind, express or implied, as to the operation of the Site or the information, content, materials, or products included on this Site. To the full extent permissible by applicable law, MyyShop hereby expressly disclaims any and all warranties, express or implied, including, but not limited to, any warranties of condition, quality, durability, performance, accuracy, reliability, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, MyyShop disclaims any and all warranties, express or implied, for any merchandise offered on this Site. All such warranties, representations, conditions and undertakings are hereby excluded. You acknowledge, by your use or access of the Site, that your use or access of the site is at your sole risk. This disclaimer does not apply to any product warranty offered by the manufacturer of the item. This disclaimer constitutes an essential part of this Agreement.

We also don’t control what people and others do or say, and we aren’t responsible for their (or your) actions or conduct (whether online or offline) or content (including unlawful or objectionable content). We also aren’t responsible for services and features offered by other people or companies, even if you access them through our Service.

Under no circumstances and under no legal or equitable theory, whether in tort, contract, strict liability or otherwise, shall MyyShop or any of its affiliates, employees, directors, officers, agents, vendors or suppliers be liable to you or to any other person for any indirect, special, incidental or consequential losses or damages of any nature arising out of or in connection with the use of or inability to use the Site, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if an authorized representative of MyyShop has been advised of or should have known of the possibility of such damages.

In addition, in no event shall MyyShop be liable for damages stemming from any one of the following, no matter whether it is special, direct, indirect, punitive, incidental or consequential damages, or related to the contract, negligence, tort or otherwise:

  • (a) Any disputes related to goods, services, or information purchased or obtained from a seller or a third party via the Site, including, but not limited to, disputes about quality, safety, warranty, lawfulness or availability of such goods, services or information;
  • (b) Any violation of Third-Party Rights on the Site;
  • (c) Unauthorized access to data or private information of any User on the Site; or
  • (d) Statements or conducts of any User of the Site.

Our responsibility for anything that happens on the Service (also called "liability") is limited as much as the law will allow. If there is an issue with our Service, we can't know what all the possible impacts might be. MyyShop shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including, but not limited to, damages for loss of profits or savings, business interruption or loss of information), whether in contract, negligence, tort, equity or otherwise or any other damages resulting from any of the following:

  • (1) the use or the inability to use the Site or Services
  • (2) any defect in goods, samples, data, information or services purchased or obtained from a User or any other third party through the site,
  • (3) any violation of third party rights or claims or demands that User's manufacture, importation, export, distribution, offer, display, purchase, sale and/ or use of products or services offered or displayed on the Site may violate or may be alleged to violate third party rights or claims by any part that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by third party rights claimants,
  • (4) unauthorized access by third parties to data or private information of any User,
  • (5)we delete your content, information, or account,
  • (6) statements or conduct of any User of the Site, or
  • (7) any matters relating to Services, however arising, including through negligence.

The limitations and exclusions of liability to you under the Terms shall apply to the maximum extent permitted by law and shall apply whether or not MyyShop has been advised of or should have been aware of the possibility of any such losses arising.

You agree to defend (at our request), indemnify and hold us (include MyyShop and its affiliate, directors, officers and employees) harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with (1) your use of the Service, (2) these Terms, (3) your breach of any representations and/or warranties made by you to MyyShop and (4) claims asserted by third party rights claimants or other third parties relating to products offered or displayed on the Site. You will cooperate as required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without our prior written consent.

Force Majeure

Under no circumstances shall MyyShop be held liable for any delay or failure or disruption of the content or services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including, without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance by third parties.

How We Will Handle Disputes

Except as provided below, you and we agree that any cause of action, legal claim, or dispute between you and us arising out of or related to these Terms or MyyShop ("claim(s)") must be resolved by arbitration on an individual basis. Class actions and class arbitrations are not permitted; you and we may bring a claim only on your own behalf and cannot seek relief that would affect other MyyShop users. If there is a final judicial determination that any particular claim (or a request for particular relief) cannot be arbitrated in accordance with this provision's limitations, then only that claim (or only that request for relief) may be brought in court. All other claims (or requests for relief) remain subject to this provision.

Instead of using arbitration, you or we can bring claims in your local "small claims" court, if the rules of that court will allow it. If you don't bring your claims to small claims court (or if you or we appeal a small claims court judgment to a court of general jurisdiction), then the claims must be resolved by binding, individual arbitration. The American Arbitration Association will administer all arbitrations under its Consumer Arbitration Rules. You and we expressly waive a trial by jury.

Notice

Except as explicitly stated otherwise, all notice or demand to or upon MyyShop shall be sent by e-mail to MyyShop's e-mail address: 【support@myyshop.com】. Notice shall be deemed effective when received by MyyShop in any of the above-mentioned manner.

All notices or demands to or upon a User shall be effective if delivered personally, by e-mail to the e-mail address provided to MyyShop during the registration process (as updated from time to time, if applicable), or by posting such notice or demand on an area of the Site that is publicly accessible without a charge. Notice to a User shall be deemed to be received by such User if and when:

(1) MyyShop is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User, or

(2) immediately upon MyyShop posting such notice on an area of the Site that is publicly accessible without charge.

You agree that all agreements, notices, demands, disclosures and other communications that MyyShop sends to you electronically satisfy the legal requirement that such communication should be in writing.

Unsolicited Material

We always appreciate feedback or other suggestions, but may use them without any restrictions or obligation to compensate you for them, and are under no obligation to keep them confidential.

Updating These Terms

We may change our Service and policies, and we may need to make changes to these Terms so that they accurately reflect our Service and policies. Unless otherwise required by law, we will notify you (for example, through our Service) before we make changes to these Terms and give you an opportunity to review them before they go into effect. Then, if you continue to use the Service, you will be bound by the updated Terms. If you do not want to agree to these or any updated Terms, you can delete your account.

General

MyyShop reserves the right to update or modify these Terms of Use at any time without prior notice to you. The most current version of the Terms of Use will govern the use of the site and will always be at https://www.myyshop.com/docs/termsCondition. If MyyShop makes a change that, in MyyShop's sole discretion, is material, MyyShop will notify you via e-mail to the e-mail address associated with your account. Your use of the Site following any such change constitutes your unconditional agreement to follow and be bound by these Terms of Use as amended.

This Agreement represents the complete agreement between the parties with respect to your use of the Site and Services and supersedes all prior written or oral agreements and representations between the users and MyyShop related to the same subject matter.

Headings used in these Terms of Use are for reference purposes only and in no way define or limit the scope of the section.

If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be deleted or reformed to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect.

The failure of MyyShop to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit MyyShop's rights with respect to such breach or any subsequent breaches.

MyyShop's failure to enforce any right or failure to act with respect to any breach by you of the Terms will not constitute a waiver of that right nor a waiver of MyyShop's right to act with respect to subsequent or similar breaches.

MyyShop may transfer this contract and all or part of its rights, obligations and interests to any party or entity in its sole discretion; however, the Users may not assign its rights, obligations and interests under this contract to any party or entity.

All the affiliates of Dunhuang Group Global shall comply with local laws and regulations.

Contact us:                    

Email: support@myyshop.com

Your MyyShop Team


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ABOUT MYYSHOP
MyyShop is a platform for US TikTok Shop sellers & other retailers that simplifies inventory management, sourcing, and fulfillment, focusing on providing access to trending products. Our core value proposition lies in the ability to help businesses discover and sell the most popular and in-demand items.
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