Of The Buy Now Project Testing Phase Two
For the Seller
As a Seller in the Marketplace Project’s pilot-testing phase you agree to the following terms:
- Instead of posting your contact details beside your ads and listings, OLX Philippines shall place a “Buy Now” option on the items you list and advertise on the Platform to facilitate faster transactions between you and your buyers;
- You acknowledge and agree that when buyers click the “Buy Now” button, the buyer is making an offer to buy your item in accordance with the terms that you have set on the item description box such as, but not limited to: size, color, and price;
- For Metro Manila sellers:
- You acknowledge and agree that by clicking “Request for Pickup”: (i) you are accepting the offer to buy and hence, contractually bound to sell the item to the buyer upon the acceptance of the offer; (ii) the item, as described in the listing, is available; (iii) that the payment shall be made upon the delivery of the item to the buyer; and (iv) the the risk of loss of the item remains with you until the delivery to the buyer;
- Moreover, by clicking “Request for Pickup”: (i) you agree to use the Logistics Provider partner of OLX; (ii) you enter into a contract with the Logistics Provider for the delivery of the item and the collection of the payment; and (ii) you agree with the terms, rules, and standard operating procedures of the the said third party service provider which are accessible at:
- CheckMeOut Acceptable Use Policy: https://www.checkmeout.ph/page/acceptable-use-policy
- Cargo Restrictions And Prohibited Items https://www.checkmeout.ph/page/cargo-restrictions-and-prohibited-items
- CheckMeOut Claims Policy https://www.checkmeout.ph/page/claims-policy
- You acknowledge and agree that by clicking “Send Request For Payment”: (i) you are accepting the offer to buy; (ii) the item, as described in the listing, is available; and (iii) you agree to the mode of payment that the buyer has selected. This means you are contractually bound to sell the item to the buyer upon receipt of payment;
III. FEES FOR THE MARKETPLACE TESTING PHASE TWO
- “Fees” shall be understood as the transaction fee to be paid by the seller in favor of OLX for every completed sale done through the Platform. A sale is deemed completed, for the purpose of charging you a transaction fee, every time you click “Request for Pickup” on the page of your pending orders.
- You acknowledge and agree that OLX shall charge you a transaction fee equal to four percent (4%) of the sum of the price published and advertised on the Platform (the “Listed Price”) of every item deemed subject of a completed sale for the month immediately preceding. The transaction fee will be charged based on the Listed Price regardless of any arrangement, e.g. discount, you may agree on with the buyer, or non-payment or breach by the buyer.
- OLX reserves the right to change the rate of the transaction fee at any time by posting amendments to the Terms and/or the Seller Terms. You acknowledge and agree that your continued use of the Service after the Terms and/or the Seller Terms have been amended means that you consent to the same.
- You acknowledge and agree that it is your responsibility to read through the updated Terms and/or Seller Terms from time to time and that OLX has no responsibility or obligation to send you advanced notice of any changes.
- OLX shall bill you through an Electronic Invoice or a Written Invoice (collectively “Invoice”), at the choice of OLX, which shall contain the summary of charges and the amount due.
- It is your responsibility to view the Invoice sent to you either through the OLX platform or through other means, at the option of OLX, in accordance with the immediately preceding paragraph. The periods set forth in the succeeding paragraphs shall commence on the day the Invoice was sent, regardless of whether you have viewed the Invoice or not.
- OLX shall send you an Invoice of aggregate monthly transaction fees during the first week of every month. Payments on all Invoices shall be made within thirty (30) days from the date the Invoice was sent.
- You shall be granted a period of seven (7) days, from the day the Invoice was sent, to contest the same by providing OLX with a formal written protest outlining the facts and providing OLX with documents to support the same. All uncontested sums shall fall due in the same manner as in the immediately preceding provisions and shall mean that the Invoice sent by OLX is accurate.
- Upon expiration of the period to make the complete payment, OLX shall charge a penalty equivalent to one percent (1%) of the total outstanding amount indicated on the Invoice, per month (compounded monthly) until a complete payment is made.
- Any dispute regarding the transaction fees charged shall be resolved exclusively through good faith negotiations with OLX. If there is a failure to reach an amicable settlement, all legal actions in connection with these Terms shall be filed in the courts of Pasig City to the exclusion of all other courts, provided that the arbitration procedure set forth in this Seller Terms has been observed.
- OLX Philippines assumes no responsibility whatsoever for any consequence relating directly or indirectly to any action you take, or fail to make, based on the content, information, services or other materials found in this system. OLX Philippines does not guarantee, and will not be responsible for any damage and/or loss related to the accuracy, completeness and/or timeliness of the contents found in the system.
- OLX Philippines may and can include links to external systems in which OLX Philippines has no responsibility of any kind on these systems. The use and/or access of these external systems are completely and solely at your own risk.
- OLX PHILIPPINES DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES WITH REGARD TO THE CONTENT, INFORMATION, SERVICES, AND MATERIALS CONTAINED ON THIS SYSTEM, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ALL SUCH INFORMATION, SERVICES, AND MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND.
- IN NO EVENT SHALL OLX PHILIPPINES BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, BUSINESS, DATA OR PROFITS, LITIGATION AND THE LIKE, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE MEMBER AND/OR USER ACKNOWLEDGES AND AGREES THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT AND THE SYSTEM WOULD NOT BE PROVIDED TO YOU IN THE ABSENCE OF SUCH LIMITATIONS.
VI. OTHER CONCERNS
- No Spam Policy. You understand and agree that sending unsolicited email advertisements or other unsolicited communications to OLX email addresses or through OLX computer systems are expressly prohibited by these Terms. You acknowledge and agree that from time to time OLX may monitor email usage using human monitors or automated software to flag certain words associated with spam or scams in emails that are sent between one user to another in the OLX e mail system. Any communication between yourself and any other user utilizing the communication features available on the Service and the Platform may be used only in accordance with the Terms. Any unauthorized use of OLX computer systems is a violation of these Terms and certain applicable laws. Such violations may subject the sender and his or her agents to civil and criminal penalties.
- Assignment. These Marketplace Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by OLX without restriction. Any assignment or transfer by you shall be null and void.
- Dispute Settlement. Any dispute or difference between you and OLX Philippines relating to your rights or obligations under these Marketplace Terms shall first be referred for amicable resolution between the parties. If the parties are unable to resolve the matter amicably within a period of ten (10) business days, then either Party may submit the dispute for arbitration. The arbitration proceedings shall be conducted before and in accordance with the rules of procedure for arbitration of the Philippine Dispute Resolution Center, Inc. Each Party shall appoint one arbitrator. The arbitrators thus appointed shall select a third arbitrator who shall act as the presiding arbitrator of the tribunal or panel. You agree that this arbitration clause is an explicit waiver of immunity against validity and enforcement of the award or any judgment thereon made pursuant thereto and that such award or judgment thereon, if unsatisfied, shall be enforceable in any court having jurisdiction in accordance with its laws against any Party participating in the arbitration.
- Governing Law. The Marketplace Terms and the relationship between you and OLX shall be governed by the laws of the Philippines without regard to its conflict of laws provision.
- Separability. If any provision of the Marketplace Terms is found by a court of competent jurisdiction to be invalid (including, without limitation, because such provision is inconsistent with the laws of another jurisdiction) or inapplicable, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision. If any provision or provisions of these Terms is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of the Terms shall not in any way be affected or be impaired.