Last updated: September 13, 2023
TERMS OF SERVICE – OPENMALL
These Terms of Service describe the terms and conditions applicable to the use of the services provided by OpenMall for the sale of products in the Marketplace by Partners.
ACCEPTANCE OF THESE SERVICE TERMS IS ABSOLUTELY INDISPENSABLE TO THE USE OF THE SERVICES.
The Partner acknowledges and agrees that the conditions set forth in these Terms of Service may be subject to revision by OpenMall at any time to adjust operational requirements and updates. Notification of such revisions through website updates shall be considered sufficient notice.
- Introduction
OpenMall, a marketplace platform, is committed to fostering a safe and trustworthy environment for both sellers and consumers, ensuring compliance with tax and customs regulations, as well as combating smuggling, and contraband, particularly counterfeiting. These Terms of Service outline essential guidelines that sellers on our platform must adhere to, ensuring the integrity of transactions and product offerings.
- Product Authenticity and Conformity
2.1 Product Authenticity: Sellers are obligated to ensure the authenticity of all products they offer for sale. Counterfeit, replica or misleadingly labeled items are strictly prohibited.
2.2 Regulatory Compliance: All products listed for sale must comply with the relevant laws and regulations of the respective jurisdiction. Sellers are responsible for ensuring their products meet safety, quality, labeling, and other applicable standards.
- Prohibited Products and Counterfeit Items
3.1 Prohibited Products: Sellers are strictly forbidden from listing and selling illegal, hazardous, intellectual property rights-infringing, or platform guideline-violating products. This includes items promoting violence, hate speech, illegal substances, and other prohibited content as detailed in our Prohibited Products List.
3.2 Counterfeit Items: Sellers must not offer, list, or sell counterfeit or replica products. Counterfeit items are categorically prohibited, and any such products will be promptly removed from the platform. Sellers found selling counterfeit goods will have their accounts immediately suspended and may face legal action.
- Legal and Ethical Compliance
4.1 Regulatory Adherence: Sellers must comply with all applicable laws and regulations related to product sales, consumer protection, taxation, customs, and labeling.
4.2 Intellectual Property: Sellers must respect intellectual property rights and ensure their products do not infringe upon trademarks, copyrights, patents, or any other intellectual property owned by third parties.
4.3 Accurate Product Information: Sellers must provide right, precise and comprehensive product information, including specifications, origin, condition, value and applicable taxes, and any relevant certifications.
- Fraud Prevention and Security
5.1 Account Security: Sellers are responsible for ensuring the security of their accounts and access credentials. Strong passwords and advanced security measures are highly recommended.
5.2 Transaction Monitoring: OpenMall employs advanced fraud detection tools to monitor transactions for potentially fraudulent activities. Sellers are expected to cooperate with transaction reviews and provide additional information as needed.
- Reporting and Collaboration
6.1 Reporting Suspicious Activity: Sellers are strongly encouraged to promptly report any suspicious activities they encounter on the platform.
6.2 Cooperation in Investigations: In cases of reported incidents or flagged transactions, sellers are obliged to fully cooperate with our anti-fraud team’s investigation process.
- Consequences of Violations
7.1 Fraudulent Activities: Sellers found engaging in fraudulent activities will face immediate suspension or termination of their accounts. Legal actions may be pursued as necessary.
7.2 Non-Compliance: Sellers failing to adhere to product authenticity and compliance standards may have their listings removed, selling privileges revoked, or legal actions taken against them.
7.3 Responsibility: In the event that the Seller has done activities under clauses 7.1 and 7.2 of these Terms of Service, the Seller acknowledges and agrees to be liable for damages without any limitation. Furthermore, the Seller agrees to cover all legal costs, fines, and attorney’s fees incurred by the other party as a result of the violation of these clauses.
- Continuous Learning and Improvement
We are dedicated to providing sellers with resources and information to enhance their understanding of our policy and industry best practices for fraud prevention and regulatory compliance.
By accepting and adhering to these Terms of Service, sellers play a pivotal role in creating a dependable and secure online marketplace, cultivating trust among buyers, and contributing to a positive experience for all stakeholders.
These Terms of Service will be reviewed annually, and updates will be made whenever changes in legislation occur or when OpenMall deems it necessary to maintain proper functionality and credibility in relationships with its partners.
Prohibited Products List
Illegal/irregular products
- Products that encourage or allow illegal activities.
- Products that violate applicable laws.
- Products that contain viruses, trojan horses, spyware, or malicious code.
- Stolen, counterfeit, or forged products.
- Products that are not homologated or certified, when applicable, by regulatory bodies (e.g., ANATEL, INMETRO, ANVISA).
- Products that violate or infringe any intellectual property right or third-party right.
Offensive Products
- Products that exhibit explicit nudity or vulgar language.
- Products containing obscene or pornographic material.
- Products that portray, glorify, promote, or instigate:
- Racism;
- the practice of Nazism;
- Animal cruelty;
- Criminal or illegal activity;
- Depreciative stereotypes based on ethnicity, gender, sexual orientation, religion, political and ideological position or nationality;
- Hate;
- Intolerance;
- Violence.
- Products marketed or directed to children or adolescents that are inappropriate or prohibited for the age, according to prevailing legislation.
Restricted Products
- Products that have age restriction by law.
- Products that at our platform’s discretion are not suitable for sale, including, but not limited to:
- Gambling and its accessories (including lotteries and raffles);
- Products originally manufactured and made available by the Government (e.g.: military uniforms);
- Police or military items;
- Refurbished products that do not meet the criteria defined by the platform;
- Surveillance equipment and devices, decoders for subscription services (including pay-TV), unless homologated by regulatory agencies.
- Products that cannot be sold in Brazil under applicable laws.
