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Terms and Conditions for Seller

TERMS OF USE

Of The Buy Now Project Pilot-Testing Phase

For the Seller

I. ACCEPTANCE

You acknowledge and agree that these Terms of Use of the Buy Now Pilot-Testing Phase for the Seller (the “Buy Now Seller Terms”) will govern your access or use of the OLX Buy Now Pilot-Testing Phase (the “Service” as specifically defined under Clause II herein) accessible through the OLX web-based platform or mobile application (the “Platform”). In addition to the Terms of Use and Privacy Policy (the “Terms”) accessible at https://olxph.zendesk.com/hc/en-us/sections/202844467-Terms-of-Use-and-Privacy-Policies which you have previously consented to and are now bound to when you registered as a member of OLX, you also consent to be bound by the following Buy Now Seller Terms:

II. DESCRIPTION OF SERVICE AND GENERAL TERMS OF USE FOR SELLER

a. As a Seller in the Buy Now’s pilot-testing phase you agree to the following terms:

     i. 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;
     ii. 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;
     iii. 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;
     iv. Your use of OLX Philippines is voluntary. However, you are required to register and become a member of the site in order to participate in the Buy Now’s pilot-testing phase as a Buy Now Seller (the “Seller”). When you access our website, mobile application, use the Service or other services, or sign up for a membership, you agree to abide by all our rules and policies (including any amendments & addendums), which you affirm to have fully read and understood. Necessarily, this includes these Terms and Conditions, Responsibilities of all Users and Members, Content Guidelines, Posting Classified Ads Guidelines, OLX Gold Credits Terms and Conditions, and all other policies found in our Policies Page;
     v. You warrant that the information contained in your ads and listings are accurate and up to date;
     vi. You warrant that you shall not conduct any sales promotion activities by providing discounted prices or other promotional sales, as defined by R.A. No 7394, or the Consumer Act of the Philippines, or the rules and regulations issued by the relevant government authorities,  on your ads or listings;
     vii. You understand and agree that OLX Philippines does not transfer legal ownership of items from the seller to the buyer;
     viii. You understand and agree that the sale transaction shall be solely between you and the buyer. As such, you undertake to indemnify and hold free and harmless OLX Philippines, its subsidiaries, affiliates and their respective directors, shareholders, officers, employees, consultants and agents from any and all claims, liabilities, losses, damages, charges and expenses (including legal fees) related to the relationship between you and the buyer as well as third-party claims and liabilities arising from your use of the Service, these Buy Now Seller Terms, the sale transaction, or the items listed and sold on the Platform; and
     ix. By using the Service, you agree to grant OLX complete access to conversations made through the Service between you and your buyers.

III. FEES FOR THE BUY NOW PILOT-TESTING PHASE

i. “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 “Send Request For Payment” on the page of your pending orders.

ii. 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.

iii. OLX reserves the right to change the rate of the transaction fee at any time by posting amendments to the Terms and/or the Buy Now Seller Terms. You acknowledge and agree that your continued use of the Service after the Terms and/or the Buy Now Seller Terms have been amended means that you consent to the same.

iv. You acknowledge and agree that it is your responsibility to read through the updated Terms and/or Buy Now Seller Terms from time to time and that OLX has no responsibility or obligation to send you advanced notice of any changes.

v. 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.

vi. 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.

vii. 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.

viii. 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.

ix. 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.

x. 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 Buy Now Seller Terms has been observed.

IV. DISCLAIMER

a. 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.

b. 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.
c. 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.
d. 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.

V. INDEMNITY

a. You agree to defend, indemnify and hold harmless OLX, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from: (i) your use of and access to the Platform and/or the Service; (ii) your violation of any term of these Buy Now Seller Terms,the Terms, and Privacy Policy; (iii) your violation of any third party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive termination, modification or expiration of these Terms and your use of the Service and the Platform.

VI. OTHER CONCERNS

a. 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.

b. Hierarchy. In case of any conflict between these Buy Now Seller Terms and the OLX Terms of Use, it is understood that the provisions of these Buy Now Seller Terms shall prevail should the issue involve access and use of the Service.

c. Assignment. These Buy Now Seller 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.

d. Dispute Settlement. Any dispute or difference between you and OLX Philippines relating to your rights or obligations under these Buy Now Seller 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.

e. Governing Law. The Buy Now Seller Terms and the relationship between you and OLX shall be governed by the laws of the Philippines without regard to any conflict of laws provision. Any claim you may have against OLX must be submitted to the exclusive jurisdiction the courts of Pasig City, Philippines.

f. Separability. If any provision of the Buy Now Seller 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.