Terms of Use

Welcome to use the Dtop website or application. Please read these terms and conditions carefully. By clicking "Agree" to these terms, or by actually participating in this project in accordance with the terms, it shall be deemed that you agree to and accept these terms. Please be sure to read and fully understand the contents of each term, especially the clauses exempting or limiting liability, the clauses on applicable law and dispute resolution. If you do not agree to these terms of use, please do not access and/or use this platform or service.

1 Acceptance of Terms

1.1 Scope of Terms and Conditions:

• 1.1.1 The following terms and conditions ("Terms and Conditions") apply to any and all access and use of the platform. You can view the terms and conditions through the link on the platform's homepage.

• 1.1.2 These Terms and Conditions should be read together with the following documents:

(a) Terms of Service (for sellers)

(b) Cancellation, Exchange, Return, and Refund Policy

(d) All other policies periodically published on the platform.

1.1.3 Policy terms become part of these Terms and Conditions by reference and collectively represent the legally binding agreement between members and the company. For the avoidance of doubt, in the event of any inconsistency, the terms and conditions in these Terms and Conditions shall prevail.

1.1.4 For the avoidance of doubt, the general reference to "Terms and Conditions" herein shall include the terms and conditions in the policies.

1.2 Use of Services and Platform:

• 1.2.1 The company provides e-commerce facilities and services through the platform, allowing members to buy and sell products.

• 1.2.2 By accessing, browsing, and/or using the platform, you are deemed to have irrevocably and unconditionally agreed to the Terms and Conditions.

• 1.2.3 If you do not agree to any of the terms and conditions, you may not access and/or use our services or platform.

• 1.2.4 You agree to assume the risks of using the platform. We shall not be liable for any losses suffered by you as a result of such use, and you irrevocably agree to indemnify us and hold us harmless from any damages you may incur.

1.3 Use of Member Personal Data:

• 1.3.1 For a complete description of how the company uses and protects member personal data, you may refer to the Privacy Policy.

• 1.3.2 By continuing to access the platform and use the services, you are deemed to accept the terms of the Privacy Policy. If you object to the use of your personal data as described in the Privacy Policy, please do not use our services or platform.

• 1.3.3 Based on business needs, you understand and agree to authorize us and our third-party partners to reasonably use the personal information you provide. For better service to you, you understand and agree that we may share your personal information with cooperating third parties. In this case, we will seek your consent in accordance with the law. If you refuse to provide consent, you may not be able to use third-party services, but it will not affect your continued use of the products and services provided by this app. The aforementioned user personal information includes avatars, nicknames, real names, contact addresses, transaction order information, payment account information, bank card information, etc.

1.4. Modification of Terms and Conditions:

• 1.4.1 The company reserves the right to modify, amend, or change the terms and conditions at any time, at our sole and absolute discretion. In such a case, the company will notify you of such modifications or changes (including the effective date) by posting an announcement on the platform's homepage. You shall be bound by the modified terms and conditions. Therefore, you are responsible for regularly accessing the platform, reviewing the terms and conditions, and policies, and staying informed of any changes made to the terms and conditions.

• 1.4.2 If you do not agree with any modifications or amendments to the terms and conditions, please discontinue using the platform. You agree to assume the risks of using the platform, and your use of the platform after any modifications or amendments to the terms and conditions constitutes your agreement and acceptance of being bound by them.

• 1.4.3 We shall not be liable or agree to compensate you for any losses suffered due to modified terms and conditions or your failure to timely understand the modifications to the terms and conditions, and you irrevocably agree to hold us harmless or compensate us for any losses you may incur.

2 Application and Registration as a Member

2.1 Registration as a Member:

• 2.1.1 In order to access or use certain services on the platform, you need to register as a member ("Member"). Unless otherwise specified by the company, registration as a member is free.

• 2.1.2 If the company, at its sole and absolute discretion, deems that you have violated any terms and conditions.

2.2 Member Categories:

• 2.2.1 Membership on the platform may belong to any one or more of the following categories:

(a) Shoppers

(b) Individual Sellers

2.3 Application Requirements

• 2.3.1 To become a member, you must comply with the following requirements:

(a) If you are a company/registered business, you must be a legal entity or possess a business registration number, and be authorized under your articles to transact business with us pursuant to Cayman Islands law.

(b) For business seller members, you must also provide all such information and documents supporting the application as required, including but not limited to your company/business registration number, company registration documents, and details of individuals handling member accounts.

• 2.3.2 You warrant that all information provided to the company during the registration process is accurate, current, and complete at all times, and you will immediately notify us of any changes. If we rely on your application content and accept you as a member, you irrevocably agree that you shall indemnify and hold us harmless, and indemnify us against any losses incurred by us due to any inaccurate or false statements or misrepresentations of fact made by you to us.

• 2.3.3 In the following circumstances, we reserve the sole discretion to accept or reject your application to become a member:

(a) We are unable to verify your identity.

(b) The information you provided during registration (e.g., email address, phone number, company/business registration number, etc.) matches with an existing member account registered on the platform.

(c) You provided false or inaccurate information during the application process, or failed to provide necessary information.

(d) You apply for membership within one (1) month from the termination or cancellation date of your earlier membership on the platform.

(e) You register as a member under another account while your account is temporarily or permanently suspended when applying for a new member account.

(f) You violate any terms and conditions.

(g) For any other reasons as determined by the company.

For the avoidance of doubt, our above decision is not subject to challenge.

2.4 Completion of Registration:

• 2.4.1 You will become a member upon successfully completing the registration process as determined by the platform. If necessary, our registration process may include verification of your identity by submitting certain documents and supporting materials as requested by us.

2.5 Protection of Account Details:

• 2.5.1 Each member is responsible for maintaining the confidentiality of their member account information, including account passwords, and all activities occurring under the member account. If your account or password is subject to any unauthorized use or any other security breach, please notify us immediately. You may be liable for any losses suffered by the company or any other members and/or sellers due to the unauthorized use of your password or account by others.

• 2.5.2 You may not use anyone else's password or member account at any time. We reserve the right to disable any member ID or password at any time for any reason, including your violation of any provisions of these terms and conditions.

2.6 Use of Services: • 2.6.1 The platform and its services are free for use by shoppers. • 2.6.2 Certain services or features provided on the platform for sellers may require payment of fees as further described in the terms of service, policies, and/or any other agreements between the seller and the company. • 2.6.3 Any fees charged shall be collected, settled, and/or otherwise handled in accordance with the terms of service, policies, and/or any other agreements between the seller and the company. • 2.6.4 Points given to users by the platform are provided as part of promotional activities when purchasing products, and users can use them in accordance with the platform's point rules. 2.7 Suspension and Termination of Membership: • 2.7.1 Company's Access, Suspension, or Termination Limitations. Pursuant to Section 2.8, the company has the right to limit your access to services and/or temporarily or permanently suspend services and/or your account, terminate your account, and/or take any such measures or actions deemed necessary by the company without further notice if the following circumstances occur: (a) You violate any prohibited actions under Section 4.1. (b) You have committed or are suspected of committing any misconduct/unlawful behavior, or you have committed or are suspected of violating or are expected to violate any of these terms and conditions. (c) The company may, in its sole discretion, determine if there are any other reasonable grounds. • 2.7.2 Consequences of Termination of Membership. Upon termination of your membership pursuant to Section 2.7.1: (a) All accumulated points (as defined herein). (b) Your shopping history. For the avoidance of doubt, members agree to bear all consequences arising from such termination.

2.7 Suspension and Termination of Membership

• 2.7.1 Restrictions on Company's Access, Suspension, or Termination. Pursuant to Section 2.8, the company reserves the right to restrict your access to services and/or temporarily or permanently suspend services and/or your account, terminate your account, and/or take any such measures or actions deemed necessary by the company without further notice in the following circumstances:

(a) You violate any prohibited actions under Section 4.1.

(b) You have committed or are suspected of committing any misconduct/unlawful behavior, or you have committed or are suspected of violating or are expected to violate any of these terms and conditions.

• 2.7.2 Consequences of Termination of Membership. Upon termination of your membership pursuant to Section 2.7.1:

(a) All accumulated points (as defined herein).

(b) Your shopping history; For the avoidance of doubt, members agree to bear all consequences arising from such termination.

2.8 Company's Rights Upon Suspension/Termination of Membership:

(a) Cancel and/or revoke any and all transactions under your account, including canceling delivery of any products purchased and refunding all amounts paid for such products (if applicable).

(b) Cancel, confiscate, or deduct any points, credits, and/or coupons available in your account as of the termination date.

(d) Prohibit or restrict the use of all or part of the services and/or platform.

(e) Refuse or deny any new membership applications submitted by you within one (1) month from the termination date.

(f) Prohibit the use of your previous membership qualification for any new member account applied by you, as determined by us at our sole discretion.

(g) Compensate or indemnify as required under Section 2.9.

2.9 Compensation for Losses

You shall be responsible for and indemnify the company for all costs and expenses incurred by the company due to any actions taken by you during the use of services and/or access to the platform. In the event of any queries, complaints, or claims raised by third parties as a result of your actions mentioned above, you shall be solely responsible and liable to the third party and shall settle such queries, complaints, or claims on your own, bearing the responsibility for compensation and indemnification. Maintain indemnity and keep the company harmless from damages at all times.

3 Relationships of the Parties

3.1 Company's Role

• 3.1.1 The company primarily operates, manages, and provides the platform as a marketplace for shoppers ("Shoppers") and sellers ("Sellers") to facilitate secure and reliable transactions between members.

• 3.1.2 For clarity, when you make purchases on the platform, you are purchasing products from independent sellers, not the company, unless explicitly specified as a seller in our records.

4 Use of Platform and Services

• 4.1 Compliance

(a) Compliance with Laws

You shall comply with all applicable laws and regulations and shall not engage in or participate in any illegal activities, including but not limited to:

(i) Committing fraud, such as using someone else's identity, credit card, or bank account to shop on the platform.

(ii) Distributing, sending, or assisting in sending any unsolicited commercial communications or engaging in any form of spamming activity.

(iii) Using the services to facilitate and promote pyramid schemes.

(iv) You shall not engage in illegal criminal activities such as money laundering, stealing trade secrets, or stealing personal information using this platform.

(b) Compliance with Terms and Conditions. You shall adhere to these terms and conditions as well as our policies.

(c) Uploading and Using Content. You shall not upload, post, copy, encourage, advertise, or promote the use of any information, text, images, graphics, video clips, sounds, directories, files, databases, or listings ("Content") provided through the platform and services that:

(i) Are false, inaccurate, misleading, illegal, defamatory, slanderous, discriminatory, obscene, offensive, infringe upon privacy, harassing, threatening, or abusive.

(ii) Infringe upon or misappropriate the intellectual property of this company or other third parties.

(iii) Use of Services to Promote and Facilitate Pyramid Schemes.

(iv) Engaging in illegal criminal activities such as money laundering, theft of trade secrets, or stealing personal information using this platform.

(b) Compliance with Terms and Conditions. You shall adhere to these terms and conditions as well as our policies.

(i) Are false, inaccurate, misleading, illegal, defamatory, slanderous, discriminatory, obscene, offensive, infringe upon privacy, harassing, threatening, or abusive.

(ii) Infringe upon or misappropriate the intellectual property of this company or other third parties.

(d) Resale of Services and Content. You shall not copy, reproduce, compile, modify, distribute, or resell any services or content, or use them for commercial purposes in any way.

(e) Use of Personal Data. Without their consent, you shall not collect or publish personal information about other members or other third parties, including email addresses.

(f) Abuse of Processes. You shall not use the services, access the website, or manipulate the website's systems and/or processes in a fraudulent or deceptive, dishonest, unauthorized, and/or non-compliant manner with the terms and conditions, including but not limited to:

(i) Transferring your membership account to another party and/or allowing third-party access to your membership account and membership ID without our explicit written consent.

(ii) Engaging in and completing any transactions with other members directly ("Direct Transactions") outside the platform and/or without using the payment protection services provided by the company on the platform as described in Article 6.

(iii) Exploiting or attempting to exploit any benefits offered by the company (including but not limited to discounts and/or coupons) by registering multiple accounts and/or purchasing products without intent to complete the same operation inadvertently.

(iv) Manipulating the prices of any items or interfering with the listings of other members.

(v) Engaging in any behavior that may disrupt the feedback or rating system (such as displaying, importing, or exporting feedback information from the platform or using it for purposes unrelated to the platform).

(g) Website and Service Interruptions. You shall not engage in or attempt to engage in any activities that disrupt or may disrupt the services or website or the smooth operation of the company's operations and/or business, including but not limited to:

(i) Spreading viruses or any other technology that may harm the interests or property of the platform or other members.

(ii) Taking any action to disrupt the integrity of the platform system or access platform systems, including computer or communication systems, networks, software applications, or networks and computing devices related to the service ("Systems").

(iii) Monitoring data or traffic on the system or crawling the system without the company's permission.

(iv) Engaging in any denial of service (DoS) attacks, distributed denial of service (DDoS) attacks, or any other form of network attack.

(v) Engaging in any behavior that may interfere with the normal operation of the system; including mail/news bombing, broadcast attacks, flooding, and any other related network interference techniques.

(h) Acting in Good Faith. You shall act in accordance with good public order and moral norms and shall avoid:

(i) Making continuous complaints without any reasonable or justifiable reasons.

(ii) Repeatedly canceling or returning products without any reasonable or justifiable reasons, which are not particularly defective or unsatisfactory.

(iii) Engaging in behavior that violates public order or disrupts commonly accepted customs or norms.

• 4.1.2 Without prior notice, the company may prohibit you from using specific services on the platform, including but not limited to ownership rights, records, details, data, etc., or temporarily or permanently ban your account, terminate your use of the platform and services, or take any other appropriate measures it deems fit in the event of a violation of any conditions stipulated in the aforementioned clause 4.1.1.

• 4.1.3 As mentioned in clause 4.1.1(f)(ii) above, if you are requested to engage in any direct transactions, please report to the company. The company shall not be responsible for any issues or problems incurred by any members due to such direct transactions.

4.2 Liability of Third-Party Websites If the company posts any information provided by its partners, or provides reference information or content provided by third parties on this website or links to such third-party websites for your convenience, and you access such third-party websites, you do so at your own risk. The company accepts no responsibility.

4.3 Suspension of Service

• 4.3.1 If the service cannot be provided due to the following reasons, the company may restrict or temporarily suspend the provision of all or part of the service to you:

(a) Maintenance work on the platform.

(b) Power or communication interruption occurs.

(d) Natural disasters, acts of terrorism, or other force majeure events.

(e) Any other reasons that the company may deem necessary for such suspension.

Following the suspension of service, the company shall, where reasonably practicable, promptly post a notice of suspended service on the platform.

• 4.3.2 The company shall not be liable for any damages or losses suffered by you or any third party as a result of any restrictions or temporary suspension of any services in accordance with the terms and conditions herein.

5 Sale of Products:

5.1 No Agency

• 5.1.1 The company is not an agent for either the buyer or the seller, nor does it represent either party or have the authority to act on behalf of either party.

• 5.1.2 Whether you are a buyer or a seller (as applicable), you shall be responsible for transactions between you and other members and for dealings you have with other members.

5.2 No Warranty:

• 5.2.1 The company does not control the actions of members or the information provided by members on the platform. Therefore, we do not provide any guarantees for transactions conducted between buyers and sellers or third-party platforms. Additionally, we do not guarantee the following:

(a) The existence, quality, completeness, suitability, safety, or legality of any product.

(b) The authenticity of any intent by buyers or sellers to sell or purchase products.

(d) The truthfulness, accuracy, or legality of any information provided by sellers or buyers regarding products.

(e) That all transactions will be completed.

• 5.2.2 The responsibility and risk associated with any transactions between buyers and sellers are borne by the parties involved. Therefore, before engaging in any transactions on the website, you must assess statements, product descriptions, statements made by the other party, the other party's ability to pay or deliver the offered products, and the specific terms and conditions imposed by the seller regarding refunds, exchanges, and returns (if any).

• 5.2.3 Individuals under the age of 18 may not purchase any products without the consent of their parents or legal guardians. The company or the parents or legal guardians (as applicable) may cancel any transactions conducted without such consent.

5.3 Placing an Order:

• 5.3.1 If you, as a buyer, place an order on the platform to purchase a product and the order is accepted by the seller, you are obligated to complete the transaction with the seller and be bound by any additional terms specified by the seller in their seller store on the platform.

Unless otherwise stated,

(a) where the law or these Terms and Conditions prohibit transactions,

(b) where there is a material change in the description of the product by the seller, or the product does not match the description provided by the seller, or

• 5.3.2 Before the seller accepts such an order, the shopper may cancel the order at any time.

• 5.3.3 The platform shall notify all orders to the seller, and upon the seller's acceptance of the order, the transaction status shall be reflected as "Processing".

• 5.3.4 If you have submitted an order and made full payment, and the seller fails to confirm acceptance of the order within the time period specified in the terms of service, you may request the cancellation of the transaction and a refund as per Clause 8.

5.4 Offers and Acceptance:

• 5.4.1 Invitation to Treat: For the avoidance of doubt, any and all information on this platform, including prices and details, constitutes an invitation to treat (an invitation for the shopper to make an offer to form a contract) and is not deemed to be a binding offer.

• 5.4.2 Offer by Shopper: If you place an order on the platform and make payment for a product, you are effectively making an offer to purchase the product to the seller based on the product information and description applicable at the time of purchase.

• 5.4.3 Acceptance by Seller: While the seller will make every effort to supply the product ordered, the seller is only legally obligated to do so when they confirm acceptance of your offer through the platform. The order is deemed to be accepted and the contract becomes binding only when the order status on the platform is updated to "Processing".

• 5.4.4 Right to Cancel Due to Technical/Operational Errors: We reserve the absolute right to correct such errors and/or cancel any transactions entered into relying on such errors.

• 5.4.5 Compensation Limited to Refund of Amount Paid: You agree and understand that in the event of any cancellation made pursuant to this Clause 5.4, your remedy as a shopper shall be limited to the refund of the amount paid for any such cancelled transactions. Nothing in this Clause shall confer upon you any further or additional rights to compensation, and you shall not be entitled to insist on the completion of the transaction and/or delivery of the product under the order.

5.5 Product Payments:

• 5.5.1 Payments for products purchased on the platform can be made through the methods provided on the payment page. Refund methods will be handled according to the cancellation, exchange, return, and refund policies.

• 5.5.2 When making payments, you may only use payment methods that are legally available to you and may not use any payment methods on behalf of others. Similarly, we reserve the right to review all such payment transactions and to suspend processing of such transactions until our investigation is complete, if deemed necessary. As a shopper, you agree to be responsible for all damages and losses suffered by the company, the owners of such payment methods, and the sellers due to any fraudulent activities discovered under this Clause 5.5.3.

6 Payment Protection Services:

6.1 Purpose and Mechanism

• 6.1.1 The company provides Payment Protection Services ("Payment Protection Services") to help create a secure environment for electronic commerce transactions for its members. The Payment Protection Service is a hosted payment service provided by the company, where any amount paid by the shopper for purchasing products is withheld by the company and released to the seller only upon confirmation of delivery of the product and meeting other appropriate criteria to ensure the interests of the shopper are protected. The Payment Protection Service applies to all products purchased on the platform and is a free service.

• 6.1.2 Under the Payment Protection Service, if you purchase any product and complete full payment, but encounter the following situations:

(a) The product is not received within the timeframe specified by the seller on the product page.

(b) The received product is defective, significantly different from the description, or does not match the product details stated on the platform. You may contact the company, and we will refund the amount paid for the product after conducting appropriate investigations.

6.2 Termination of Payment Protection Services

• 6.2.1 Please note that you are only entitled to Shopper Protection under the Payment Protection Services once you have successfully delivered and accepted the purchased product, which should occur at any time before purchase confirmation, i.e., when the transaction status is updated to reflect "Purchase Confirmed" on the platform.

• 6.2.2 Receipt of the order can be confirmed through:

(a) Shopper's purchase confirmation. You can confirm your purchase by accessing "My Profile > My Orders" on the website/mobile application and clicking the "Confirm Receipt" button.

If you fail to take affirmative action to confirm receipt of the product as per Clause 6.2.2 and do not take any affirmative action to return the received product or request an exchange.

• 6.2.3 Once the transaction status changes to "Received" on the platform, you will no longer be entitled to the protection of the Payment Protection Services for that transaction, and your payment for the product will be released to the seller according to our standard practices and policies.

• 6.2.4 Please note that after the termination of Payment Protection Services, any requests for cancellation and refund of orders will need to be directly addressed to the seller, subject to approval by the seller and any such terms and conditions as the seller may impose.

6.3 No Representation

The provision of Payment Protection Services by the company does not make the company a representative of the seller or the shopper, nor does it imply that the company represents any shopper or seller in fulfilling obligations related to any transaction.

7 Product Delivery:

7.1 Correct Delivery Address

• 7.1.1 Products shall be delivered to the address specified in your order.

• 7.1.2 You agree to bear the risk of incorrect delivery of products due to information provided by you being incorrect.

7.2 Failure to Deliver by Seller

• 7.2.1 If you have placed an order and made full payment, but the seller fails to deliver the product within the timeframe specified on the product page without any proper, reasonable, and acceptable reasons, you may request the transaction to be canceled.

• 7.2.2 In such a case, the company shall refund any amount paid by you in accordance with the then-applicable cancellation, exchange, return, and refund policy.

8 Cancellation, Return, Exchange, and Refund:

8.1 Please refer to the cancellation, exchange, return, and refund policy for more information on the obligations of the seller or the shopper regarding cancellation, exchange, return, and refund.

8.2 For the avoidance of doubt, the cancellation, exchange, return, and refund policy shall be read together with the Terms of Service, these terms and conditions, and other such policies in effect from time to time.

9 Feedback and Review System:

9.1 Right to Remove Feedback

If the company deems any product review you have posted unsuitable for public disclosure or defamatory or potentially in violation of the law or these terms and conditions, the company reserves the right to remove such reviews at its sole and absolute discretion without further notice.

10 Disputes Between Shoppers and Sellers:

10.1 Good Faith Discussions If you encounter any disputes with other members (referred to collectively as the "parties in dispute") regarding the purchase and sale of products on the platform, you should first attempt to resolve the dispute ("Dispute") with the member in good faith through the following means.

10.2 Submission of Dispute to the Company

10.2.1 If the parties in dispute fail to resolve the dispute within any deadline prescribed in these terms and/or the terms of service according to Clause 10.1, you or any other member may submit such dispute to the company for final resolution and determination.

10.2.2 You agree that the company has the full power, authority, and discretion to make the final decision on such disputes.

10.3 Company's Decision:

• 10.3.1 The company shall review the evidence received from the parties in dispute and shall make a final decision ("Decision") on the dispute, taking into consideration principles and practices commonly accepted in the relevant industry and the interests of all parties.

• 10.3.2 You agree to comply with and be bound by such Decision, and to facilitate the Decision, you expressly acknowledge and agree that the company has the right to take the following actions regarding disputes and Decisions:

(a) Cancel any transactions on the platform.

(b) Release any funds held under the Payment Protection Services to any party (if applicable).

(d) Temporarily or permanently remove the listings of specific products from the platform.

(e) Request removal or remove, at its discretion, any illegal content from sellers' stores on the platform.

(f) Modify the ratings of any party or parties in dispute on the platform.

(g) Cancel any issued coupons, points, purchase vouchers, restocking points, active funds, prepaid credits, shared Spaces.

(h) Take any other actions deemed necessary to ensure the fair and equitable execution of the Decision.

• 10.3.3 Notwithstanding the foregoing, you acknowledge that the company is not a judicial or arbitral body and acts only as a facilitator of dispute resolution as a layperson. The company does not act as an agent for either party to the dispute but merely facilitates dispute resolution. Therefore, you agree not to hold the company liable and shall waive any claims you may have against the company regarding such Decision and disputes.

11 Intellectual Property:

11.1 Website Content. The company is the sole owner or lawful licensee of all rights and interests in the platform and its content ("Website Content"). All ownership, proprietary rights, and intellectual property rights in the platform and Website Content are owned by the company, our affiliates, or licensors, as applicable. All rights reserved under these terms and conditions or as otherwise stated by the company.

11.2 Trademarks:

"Dtop" and related icons and logos are registered trademarks or service marks owned or licensed by the company and are protected by applicable copyright, trademark, and other laws. Unauthorized copying, modification, use, or publication of these marks is strictly prohibited.

11.3 Infringement:

If anyone infringes or violates their copyrights or other intellectual property rights on the platform, anyone may protect their rights by contacting the company. Pursuant to the same clause, the company may, in its sole discretion, decide to remove the listed products, information, specifications, and/or photos of complaints and suspend the sale of the relevant products until the company, in its sole discretion, deems the evidence provided sufficient to prove the invalidity of the complaint and/or claim.

11.4 Compliance:

You shall ensure that all content you provide or make available on the platform, including but not limited to listings, information, specifications, photos, and products for sale, does not infringe or violate trademarks, patents, copyrights, trade names, domain names, portrait rights, design rights, utility models, trade secrets, proprietary technologies, confidential information, database rights, software rights, semiconductor and/or circuit layout rights, and all other types of intellectual property. You shall also ensure that the use of such intellectual property has obtained prior approval or consent from the intellectual property owner, or exists in the public domain worldwide.

11.5 Ownership of Product Photos or Videos Arranged by the Company:

For the avoidance of doubt, the intellectual property rights in any product photos or videos arranged and/or taken by the company, as part of any additional support under the service, shall belong to the company.

11.6 Affiliated Companies:

To facilitate sales, any information about products for sale displayed by any member on the platform may be disclosed to affiliated third parties of the company, including platforms and blogs owned and/or affiliated with such third parties. Any such disclosure shall be subject to the terms of service and these terms and conditions.

11.7 Indemnification:

You shall indemnify the company, its directors, and employees and hold the company harmless from and against any and all lawsuits, claims, and demands arising out of or related to your use of intellectual property or violation of any applicable intellectual property laws.

11.8 Third-Party Claims:

If you receive any claim from a third party alleging that your posts on the platform infringe or violate any third-party intellectual property rights, or that the content of such posts may be subject to any other form of attack, whether or not related to legal action, you shall indemnify and hold harmless the company, its directors, and employees, and the platform from and against any involvement in such claims to the fullest extent possible.

11.9 Complaints:

You shall promptly notify the company of any complaints or allegations of third-party intellectual property infringement to the extent reasonably practicable. You shall fully compensate the company, its directors and employees, and/or the platform for any losses and expenses incurred as a result of your use of any intellectual property.

11.10 Usage:

If you post content or submit materials to the platform, unless otherwise specified by the company, you are deemed to have granted the company a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works, distribute, and display such content worldwide on any media.

12 Liability:

12.1 In the event of a dispute between you and a member regarding a product purchased on the platform, you shall release the company from all claims, demands, and damages, whether actual or indirect, of any kind and nature, known or unknown, arising out of or in any way connected with such dispute.

12.2 The company does not guarantee the quality, safety, or legality of products, the truthfulness or accuracy of content or listings by sellers and other members on the platform, nor does it guarantee that members will actually complete specific transactions.

12.3 The company cannot and does not guarantee continuous or secure access to the platform and its services, as the operation of the platform may be affected by numerous factors beyond the company's control.

12.4 All materials, information, software, products, services, and other content contained on the platform or linked websites are provided to you on an "as is" basis, without any express or implied warranties or conditions, including but not limited to implied warranties or conditions of merchantability, fitness for a particular purpose, ownership, non-infringement, security, or accuracy.

12.5 The company shall not be liable for any errors, inaccuracies, or omissions in platform information, and in no event shall the company be liable for any loss or damage incurred by you relying on information obtained through the platform. You are responsible for evaluating the accuracy, completeness, and usefulness of any information provided, and your use of the platform is at your own risk.

12.6 The company shall not be liable for any loss, damage, injury, or expense arising from or related to the supply or use of products, whether in tort, contract, negligence, or otherwise. In no event shall the company be liable for any loss of profits, loss of data, or any other special, indirect, incidental, or consequential damages, whether foreseeable or unforeseeable, based on a member's claim or arising out of contract, tort, or otherwise.

12.7 The company shall not be responsible for unauthorized access or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions conducted through this platform. Specifically, you agree that the company shall not be liable for any threats, defamation, obscenity, offensive or illegal content or conduct, or any infringement of rights (including intellectual property rights) by any other party. Furthermore, you agree that the company shall not be responsible for any content sent and/or included in this website by third parties using communication services. In no event shall the company be liable for any special, incidental, indirect, or consequential damages or any damages whatsoever, including but not limited to:

(1) Reliance on the materials provided.

(2) Cost of substitute products.

(3) Loss of use, data, or profits.

(4) Delay or business interruption.

(5) Negligence.

(6) Any liability theory arising from the use of this platform, whether or not the company has been advised of the possibility of such damages.

13 No Warranty:

13.1 You will not hold the company accountable for other members' content, actions, or inactions, or products listed by members (including their posted content).

13.2 You understand and agree that your dealings with members on the platform are considered private contractual arrangements between you and such members, and the company is not a party to, nor does it represent either the member or you in these transactions. The company is only responsible for operating and managing the platform and will make reasonable efforts to maintain efficient service on the platform.

13.3 The company and the platform cannot control or guarantee the quality, safety, or legality of the advertised products, the truthfulness or accuracy of the members' content or listings, the ability of members to sell or purchase products, or that any transactions will be completed successfully.

13.4 The company and the platform will not transfer legal ownership of products from the seller to the shopper. Unless otherwise agreed between the shopper and the seller, the shopper becomes the legal owner of the product once the seller actually receives it.

13.5 The company cannot guarantee continuous or secure access to its services, as the operation of the platform may be interfered with by numerous factors beyond the company’s control.

13.6 If you have a dispute with one or more members, you release the company and its officers, directors, agents, subsidiaries, joint ventures, and employees from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in connection with such disputes. The company has made reasonable efforts to post up-to-date and accurate information on this platform; however, the company is not responsible for any errors, inaccuracies, or omissions in the information provided on this platform. Under no circumstances will the company be responsible for any loss or damage resulting from reliance on information obtained through this platform. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information provided, and use of this platform is at your own risk.

13.7 When you navigate from this APP to other third-party platforms, you may need to sign separate agreements with those “external platforms.” Understand that transactions between you and other “external platforms” are outside of Dtop Global Carnival’s responsibility and legal obligations.

13.8 Any disputes arising from your transactions with third-party “external platforms” should be resolved by you according to legal and regulatory requirements or the respective platform’s management rules, and Dtop Global Carnival is not obliged to participate in or interpret disputes between Dtop Global Carnival users and other third-party “external platforms.”

13.9 To promote cooperation with third parties, partners may provide rewards in the form of points, coupons, virtual currency, etc. These rewards from third-party platforms are merely a form of reciprocation for user activities, and their value is not determined by this platform.

14 Access and Interference:

14.1 The platform contains robot exclusion headers. Most of the information on the platform is updated in real-time and is proprietary or licensed to the company by the platform’s members or third parties. You agree not to use any robot, spider, crawler, or other automated means to access the platform for any purpose without the company's prior written permission.

14.2 Furthermore, you agree not to:

(a) take any action that, in the company’s sole discretion, imposes or may impose an unreasonable or disproportionately large load on the platform’s infrastructure;

(b) copy, reproduce, modify, create derivative works from, distribute, or publicly display any content from the platform other than your own information and reference without the company's prior written permission;

(c) interfere with or attempt to interfere with the proper working of the platform or any activities conducted on the platform; or

(d) bypass the company’s robot exclusion headers or any other measures the company may use to prevent or restrict access to the platform.

15 General:

15.1 Applicable Law. These terms and conditions shall be governed by the laws of the Cayman Islands. Any dispute, claim, or controversy arising from or related to these terms and conditions, service terms, and/or policies will be submitted to arbitration in the Cayman Islands under Cayman Islands law. The arbitrator shall be legally trained with experience in the information technology and e-commerce industry of the Cayman Islands and independent of any party. Despite the above, the company reserves the right to protect its intellectual property and confidential information through court injunctions or other equitable relief.

15.2 No Assignment. The company may assign and/or update these terms and conditions or any part thereof to any person or entity, providing written notice on the platform, to which you irrevocably agree and consent to any such assignment and/or update. You may not assign any part or all of these terms and conditions to any person or entity.

15.3 Force Majeure. The obligations will be suspended as long as the force majeure event continues, due to strikes, labor disputes, fire, flood, any governmental action, riots, wars, national emergencies, natural disasters, obstructions or hindrances due to government laws, rules, regulations, or orders, or any other force majeure event.

15.4 Severability. If any provision of these terms and conditions and/or service terms and/or policies is found to be illegal, invalid, or unenforceable under the law, these terms and conditions shall continue in effect, with such provision deemed to be severed from these terms and conditions effective from the date of such determination or as the company decides or both parties may agree, whichever is earlier.

15.5 Waiver: The failure of the company to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision.

"Policies" collectively refer to the following:

(a) Privacy Policy

(b) Cancellation, Exchange, Return, and Refund Policy

(c) All other policies published on the platform from time to time, including but not limited to those related to fraud, off-platform transactions, feedback manipulation, and the temporary or permanent suspension of members.

"Privacy Policy" refers to the company's policy regarding the collection, use, disclosure, and management of personal data on the platform. "Product" refers to the items and/or services listed for sale on the platform by sellers. "Seller" refers to a member who sells products on the platform, subject to the terms and conditions, service terms, and policies contained herein. For clarity, the term "seller" used in these terms and conditions or service terms refers to one or more of the following, depending on the context:

(a) Individual sellers.

(b) Local commercial sellers (with business/company registration), as stated under section 2.2.

"Service Terms" refer to the general terms and conditions that govern the rights and obligations of sellers selling their products on the platform. "Seller Center" is the virtual online store on the platform, allowing sellers to upload and list products for sale and conduct transactions. "Services" refer to the services provided by the company to members through the platform, which may include third-party services such as payment gateway services, logistics management services, etc.

"Terms and Conditions" refer to these terms and conditions governing platform membership, including the eligibility requirements for members, the services available to members under the platform, the benefits to which members are entitled, and the rights and obligations of members.

"Platform" refers to the online marketplace owned and operated by the company, known as "Dtop," an e-commerce platform facilitating transactions between registered members.