Effective Date: October 1, 2023
Welcome to Kupon (hereinafter referred to as "the Website"). Please carefully read the following User Terms before using the Website. By accessing the Website, you acknowledge that you have read, understood, and agreed to comply with the following terms and conditions. The terms "you" and "your" as used in these terms include (1) anyone who accesses the Kupon platform and (2) anyone who purchases services through the Kupon platform.
1. Amendment of Terms of Use
1.1 Kupon reserves the absolute right to modify or update these "Terms of Use" at any time and without prior notice. You should regularly review the latest version of the Terms of Use described herein. If Kupon modifies or updates these Terms of Use, the changed or revised content will be posted on this webpage, with the date of the most recent revision indicated at the bottom of this webpage.
1.2 If you continue to use the Kupon platform after such changes, it signifies your agreement and acceptance of the revised Terms of Use. If you do not agree with any amendments to these Terms of Use, please immediately cease using or accessing the Kupon platform and services. You are responsible for regularly checking the Kupon platform to review and confirm any changes to these Terms of Use.
1.3 When using the services, you agree to be bound by any additional terms and conditions related to the services that may be updated from time to time, as well as Kupon's privacy policy ("Privacy Policy"). It is explicitly stated here that all such terms are incorporated into these Terms of Use.
2. Access to Services
2.1 The services you select on the Kupon platform are for your personal use only and may not be provided to any third party or used for any commercial gain. The term "services" includes but is not limited to using the Kupon platform and using any services provided on the Kupon platform either by Kupon itself or on behalf of other vendors. Kupon has the right to change, suspend, or terminate any services, including any technical features, data repositories, or content messages, at its discretion. Kupon also has the right to impose regulations, modify terms, or restrict your access to certain parts or all of the services without prior notice.
2.2 Kupon does not guarantee that its services will operate at all times or be unaffected by external factors. Kupon will not be responsible for any times when the services are unavailable. You are responsible for making all necessary arrangements to access the services and ensuring that anyone accessing the services through your network connection understands these Terms of Use and other applicable terms and conditions related to the services.
2.3 Kupon has the absolute right to decide to revoke your right to link to the Kupon platform at any time. Kupon also has the right to require you to obtain written permission before linking to the Kupon platform.
3. Kupon Platform and Content
3.1 Use of Content
3.1.1 All data presented or used on the Kupon platform, including but not limited to text, data, images, articles, photos, graphics, illustrations, videos, audio, and other materials and information (referred to as "Content"), is protected by copyright and/or intellectual property rights. All Content on the Kupon platform is for your personal, non-commercial use only and must be used in accordance with these Terms of Use.
3.1.2 When Kupon grants you access to the Kupon platform and/or Content, this authorization is non-exclusive, non-transferable, and limited to access and use in accordance with these Terms of Use. Kupon has the absolute right to revise, remove, or change the presentation, nature, or functionality of part or all of the Content on the Kupon platform at any time without prior notice.
3.1.3 You must comply with all copyright notices, trademark rules, and other information rights pertaining to the Kupon platform and Content, and you may not use, copy, reproduce, modify, translate, publish, transmit, distribute, broadcast, perform, upload, display, license, sell, or otherwise exploit the Kupon platform, Kupon platform Content, data submitted by third parties, or other proprietary rights not owned by you for any reason or purpose without the prior written consent of the individual owner.
3.2 Kupon's Responsibility for the Kupon Platform and Content
3.2.1 Kupon cannot guarantee the identity of any other users you may interact with during your use of the Kupon platform. Kupon also cannot guarantee the truthfulness or accuracy of any content, data, or information provided by other users or other vendors on the Kupon platform. You assume the risk of using the Kupon platform to access any content, and any damage or loss caused by your use is solely your responsibility.
3.2.2 Kupon shall not be responsible for any Content, including but not limited to errors or omissions in the Content, or any damage or loss arising from the use, publication, email transmission, access, transmission to the website, or use of any Content.
3.3 Classification and Sorting
3.3.1 Kupon offers sorting and filtering options for search results based on your preferences. Kupon continuously strives to optimize the Kupon platform to provide the best user experience and may modify default search result algorithms at any time.
4. Intellectual Property Rights
4.1 Intellectual Property
4.1.1 All intellectual property related to the Kupon platform belongs to Kupon or has been licensed to Kupon for use on the Kupon platform. Under applicable copyright laws, international conventions, and other relevant intellectual property laws, the Kupon platform, services, and content are collective works and/or edited content protected by copyright and other intellectual property rights.
You acknowledge and agree to:
(1) Not modify, publish, transmit, participate in the transfer or sale, reproduce, create derivative works based on, distribute, perform, display, or in any way exploit the Content, software, data, or services provided by Kupon on the Kupon platform.
(2)Download or copy Content (and other items displayed on the Kupon platform or related to the services) for personal, non-commercial use only and ensure that you comply with all copyright and other notices contained in such content.
(3) Not store substantial portions of any content for any purpose except personal, non-commercial use. You explicitly prohibit copying or storing any content without the prior written permission of Kupon unless otherwise agreed in writing.
5. User-Submitted Data
5.1 Uploading Data
5.1.1 When you access the Kupon platform or use the services, the information you provide may be used by Kupon and/or other vendors related to the services. Other users of the Kupon platform may also see this information. By posting information or content on the Kupon platform, or otherwise providing content, data, or information (referred to as "User-Submitted Data") to Kupon and/or other vendors related to the services, you acknowledge that:
(1) You grant Kupon and other vendors the right to use part or all of this User-Submitted Data (including all related intellectual property rights) when providing services and operating Kupon's business, including but not limited to promoting and redistributing some or all of the services in any media format and through any media channel. This authorization is non-exclusive, global, royalty-free, perpetual, irrevocable, transferable, and sublicensable.
(2) You agree and authorize Kupon to use your personal data in accordance with the applicable "Privacy Policy" in effect from time to time.
(3) You authorize each user of the Kupon platform to access your User-Submitted Data on the Kupon platform through the functionality of the Kupon platform within the scope allowed by these Terms of Use and use, modify, reproduce, distribute, create derivative works, display, and perform such User-Submitted Data. This authorization is non-exclusive.
(4) You confirm and agree that Kupon has the right to reformat, modify, create derivative works from, excerpt, and translate any User-Submitted Data you provide. For clarification, unless otherwise agreed in writing, the rights granted to Kupon will not affect your ownership of User-Submitted Data or your rights to use such data or authorize others to use it.
(5) You expressly declare and warrant that your User-Submitted Content (including, but not limited to: text, images, and photos) does not violate or harm any existing laws, regulations, or third-party rights.
(6) You are solely responsible for all User-Submitted Data that you publicly post on the Kupon platform or transmit privately through the Kupon platform, and Kupon shall not be liable for any errors or omissions in any content.
6. User's Representations, Warranties, and Commitments
6.1 Use of the Kupon Platform and Services
6.1.1 You represent, warrant, and commit to Kupon that you will not provide any user's data to third parties or use the Kupon platform or services in the following ways:
(1) Infringe or violate any third party's intellectual property rights, exclusive rights, publicity rights, or privacy rights, or any other rights.
(2) Violate any regulations or laws.
(3) Harmful, fraudulent, false, threatening, abusive, harassing, invasive, infringing, defamatory, obscene, indecent, or otherwise objectionable.
(4) Engage in commercial activities and/or sales, such as contests, gambling, barter, advertising, or pyramid schemes, without the prior written consent of Kupon.
(5) Defame or impersonate any person or legal entity, including but not limited to any Kupon employee or representative.
(6) Include viruses, trojan horses, worms, time bombs, or other harmful computer code, files, or programs.
6.2 Removal of User-Submitted Data
6.2.1 Kupon has the right, for any reason (including but not limited to receiving claims or allegations from third parties or authorities related to such User-Submitted Data, or if Kupon suspects that you may have violated any previous representations, warranties, or commitments), or for no reason at all, to remove any User-Submitted Data from the Kupon platform.
6.3 Responsibility for User-Submitted Data
6.3.1 You are solely responsible for all User-Submitted Data you upload, post, transmit by email, transmit, or otherwise make available, or link to regarding all User-Submitted Data related to the Kupon platform and/or services.
6.3.2 You hereby represent and warrant to Kupon that:
(1) You own or have all necessary rights, authorizations, consents, waivers, and permissions to use and authorize Kupon to use all copyright, trademark, or other proprietary or intellectual property rights in and to any User-Submitted Data, including but not limited to the right to include and use such data on the Kupon platform and under these Terms of Use.
(2) The User-Submitted Data and your posting, uploading, publication, submission, or transmission of such data (or any part thereof) on or through the Kupon platform, or Kupon's use of such data on or through the services provided on or through the Kupon platform, does not and will not infringe, misappropriate, or violate any patent, copyright, trademark, trade secret, moral rights, or other exclusive intellectual property rights, or rights of publicity or privacy, or other rights of any third party, or any applicable laws or regulations.
6.3.3 You must take full responsibility for all activities related to your use of the Kupon platform and/or services. Furthermore, you hereby represent, warrant, and commit to Kupon that you shall not:
(1) Engage in any fraudulent, abusive, or other unlawful activities, and if you engage in such activities, we may terminate your access to or use of the Kupon platform and/or services.
(2) Sell or resell any products, services, or bookings obtained from the Kupon platform or through the Kupon platform.
(3) Use the Kupon platform for commercial or competitive activities or purposes or for making speculative, false, or fraudulent bookings or anticipated demands.
(4) Post or transmit, or use others to post or transmit, any specially designed or intentionally induced communications or content; attempt to obtain passwords, accounts, or private information of other users of the Kupon platform.
(5) Violate any security rules of any computer network, crack passwords or security encryption codes, transfer or store illegal data (including data that may be considered threatening or obscene), or engage in any unlawful activities that are explicitly prohibited.
(6) Execute mailing lists, listservs, or any other form of automated response programs or spam on the Kupon platform, or perform or initiate any process without logging into the Kupon platform or otherwise disrupt the proper functioning of the Kupon platform infrastructure, or impose unreasonable burdens on the Kupon platform infrastructure.
(7) Use manual or automated software, devices, or other processes to "crawl," "scrape," or "use search engine spiders" on any web pages of the Kupon platform.
(8) Reverse engineer the source code of the Kupon platform or attempt to obtain the source code of the Kupon platform in any other way.
6.3.4 You shall be solely responsible for keeping, recording, and reporting any relevant taxes, liabilities, and government fees associated with any activities you provide through the Kupon platform and/or services.
7. Account Registration and Security
7.1 Opening a Kupon Account
7.1.1 In the process of using the service, you may be required to open and maintain a Kupon account (referred to as the "Kupon Account").
7.2 Providing Personal Information
7.2.1 Based on the terms of use for certain services, you may be required to register on Kupon and set up a password and username (Kupon User ID). If you log in through third-party websites or services, Kupon may request that your Kupon User ID matches your username on the third-party website or service.
7.2.2 You must provide accurate, complete, and up-to-date user information to Kupon. Failure to do so may be considered a violation of these terms of use, and Kupon reserves the right to immediately terminate your use of the Kupon Account.
7.2.3 You declare that you should never: (a) select or use another person's Kupon User ID with the intent to impersonate that person, or (b) use a Kupon User ID that is unauthorized by the rightful owner.
7.2.4 Kupon reserves the absolute discretion to refuse registration or cancel Kupon accounts.
8 Tickets, Vouchers, Fees, and Payments
8.1 Purchasing and Using Vouchers
8.1.1 To use your vouchers, you must personally appear at the designated collection point specified by the relevant supplier before the voucher expires, and provide any documents and/or information that the supplier may require, including your confirmation number and/or your printed voucher. If you fail to appear before the voucher's expiration date or fail to provide the necessary documents or information, you will not receive the service or a refund.
8.1.2 The supplier may require you to provide identification documents with your photo before allowing you to use your voucher. Kupon or the supplier shall not be responsible if your voucher or confirmation number is lost, damaged, or stolen. Furthermore, if providing the service is prohibited by law, the voucher will be void. If you attempt to redeem a voucher in an illegal manner (e.g., trying to participate in a wine-tasting event without meeting the legal drinking age requirements), the relevant supplier may refuse to accept your voucher, and no refund will be arranged.
8.2 Voucher Terms and Conditions
8.2.1 Each voucher's terms and conditions may vary depending on the supplier and will be provided when you make a reservation on the Kupon platform.
8.2.2 Vouchers are admission tickets for single items (referred to as "Items"), and the expiration date for using the voucher will be stated on the voucher. If you do not use the voucher within the specified expiration period, you will not be eligible for a refund unless otherwise stated on the voucher.
8.3 Cancellation of Vouchers
8.3.1 You may cancel your vouchers within the cancellation period specified on the Kupon platform at the time of purchase. The contact window for cancellations may vary by case. Upon successful cancellation of the voucher and receipt of the necessary notification, the amount will be refunded to your wallet.
8.3.2 The supplier, not Kupon, provides the services offered, and the supplier has the sole discretion to accept or reject any vouchers you order and is responsible for providing all related services.
8.3.3 If you have any questions or complaints about the services related to the voucher you have obtained, please contact the relevant supplier. All fees paid for vouchers are non-refundable unless otherwise specified in these Terms of Use.
8.3.4 If the item for which you purchased the voucher is canceled by the relevant supplier, the refund and any security provided by the supplier will be refunded to your wallet.
8.4 Additional Charges
8.4.1 Kupon reserves the right to request payment or charge for any services provided. You are required to pay all applicable fees for the services you choose according to the instructions provided on the Kupon platform.
8.5 Fee Changes
8.5.1 Kupon reserves the right to change prices and fees at any time. Changes will be communicated via email or posted on the Kupon platform, and your continued use of the service after such notification signifies your acceptance of and agreement to the revised prices.
8.6 Rights and Obligations of Kupon
8.6.1 Kupon reserves the absolute discretion to refuse or cancel any service orders or bookings that may violate these terms and conditions.
8.7 These terms and conditions and the refund policy apply to Kupon users globally.
9. Privacy Policy
9.1 Privacy Policy
9.1.1 For information regarding Kupon's use of your personal data, please read our current and effective Privacy Policy, which is incorporated into these Terms of Use. By accepting these Terms of Use, you agree to the Privacy Policy and consent to be bound by it.
10. Indemnity
10.1 Kupon Indemnification Terms
10.1.1 You agree to indemnify Kupon, its parent companies, subsidiaries, affiliated companies, officers, directors, and employees for any claims or demands made by any third party due to or arising out of your access to Kupon's platform or use of Kupon's platform, your violation of these Terms of Use, or the infringement of any intellectual property or other right of any person or entity by you or any third party using your Kupon user identity.
10.2 Kupon Intervention
If necessary, the company may participate in the defense of any claims or legal actions and any settlement negotiation process. Without prior written consent from the company, you shall not make any settlement that may adversely affect the company's rights or obligations. The company has the right to finance, independently defend, and control any claims or legal actions.
10.3 Kupon Assurance Account
10.3.1 The Kupon Assurance Account is a protection service provided by Kupon. To provide protection against liability risks, the funds paid to the seller through the use of this service will be held in the Kupon platform (referred to as the "Kupon Assurance Account"). No interest or other earnings will be accrued on the funds held in the Kupon Assurance Account as a result of your use of the service.
10.3.2 After the buyer pays for their order (referred to as the "buyer's purchase amount"), the buyer's purchase amount will be held in the Kupon Assurance Account until:
(a) The buyer confirms that they have received the item in the condition agreed upon between the buyer and the seller (the "confirmation");
(b) The item is sent by the seller and verified as received by the buyer (the "verification").
10.3.3 For a period of 180 days from the date of the transaction, you will have the right to submit a claim requesting that the Kupon Assurance Account funds be returned to the buyer. After this period expires, you will lose the right to request the return of the funds held in the Kupon Assurance Account.
10.3.4 Kupon Performance Guarantee is additional and does not restrict the buyer's and seller's legal obligations under applicable law, which may exceed Kupon Performance Guarantee. Kupon Performance Guarantee is neither intended nor designed to assist buyers or sellers in complying with their legal obligations, and they remain responsible for those legal obligations, and Kupon assumes no responsibility for them. Furthermore, Kupon Performance Guarantee does not constitute a product warranty.
10.3.5 Buyers and sellers acknowledge and agree that Kupon's decisions regarding Kupon Performance Guarantee (including any claims) are final.
10.3.6 For the avoidance of doubt, any transactions not conducted on this website are not covered by Kupon Performance Guarantee.
11. Disclaimer and Limitation of Liability
11.1 About
11.1.1 Regarding access to and use of the Kupon platform and content, Kupon has no special relationship with you, and you have no fiduciary relationship with Kupon. You hereby acknowledge that Kupon does not control and is not responsible for taking any action with respect to:
(1) Who has access to the Kupon platform.
(2) What content you access through the Kupon platform.
(3) How content affects you.
(4) How you interpret or use the content.
(5) Actions you may take as a result of exposure to the content.
11.2 Services and Descriptions
11.2.1 You acknowledge and agree that the services on the Kupon platform may be provided by other companies or third parties, and that the recommendations or endorsements of content on the Kupon platform may be provided by other companies or users of the Kupon platform. Kupon does not provide any representations or warranties regarding the correctness of service descriptions or whether the recommendations or endorsements of services provided through the Kupon platform are appropriate.
11.3 Limitation of Liability
11.3.1 Kupon platform, Kupon's parent companies, subsidiaries, affiliated companies, officers, directors, and/or employees shall not be liable under any circumstances for any loss of profits or any indirect, consequential, special, incidental, or punitive damages arising from:
(1) The Kupon platform.
(2) These Terms of Use.
(3) Your or a third party's violation of these Terms of Use.
(4) Any communications or transactions between users, even if we have been advised of the possibility of such damages.
11.3.2 The limitations and exclusions set forth in the foregoing provisions apply regardless of the reasons for any damages, including:
(1) Contract breach.
(2) Warranty breach.
(3) Strict liability.
(4) Tort.
(5) Negligence.
(6) Any other legal theory, to the extent permitted by applicable law.
11.3.3 All content, software, functions, and information obtained through Kupon platform are provided "as is." To the fullest extent permissible by applicable law, the Company makes no representations or warranties of any kind, either express or implied, regarding the content, software, data, information, functionalities, products, services, or hyperlinks to third-party websites available on the Kupon platform, or regarding the transmission of sensitive information through the Kupon platform without infringement, operability, suitability for a particular purpose, or accuracy, and the Company makes no warranties of non-infringement.
11.3.4 You acknowledge and agree that any transmissions to or from the Kupon platform are not confidential and may be read or intercepted by others. You further acknowledge and agree that any communications or information posted by you on the Kupon platform, including travel itineraries and/or events, except as expressly provided in these Terms of Use, are not subject to any confidentiality, privacy, or other obligations.
11.3.5 You acknowledge and agree that you will not seek to hold the Company liable in any way for any disputes arising from your use of any third-party website or for any claims against other users or third parties, and you further acknowledge and agree that the Company is not a party to any transactions between you and such other organizations and/or individuals. The Company is not responsible for any transactions, travel itineraries, and/or events listed or other content provided by other organizations or individuals on the Kupon platform.
11.4 Remedies
11.4.1 If you are dissatisfied with the Kupon platform, do not agree to any part of these Terms of Use, or have any other dispute or claim with or against the Company or other users of the Kupon platform, your sole and exclusive remedy is to discontinue use of the Kupon platform.
12. Interaction with Third Parties
12.1 Links to Third-Party Websites
12.1.1 The Kupon platform may contain links to certain third-party websites or services (referred to as "Third-Party Websites") that are not owned or controlled by Kupon. Even if there are links to Third-Party Websites on the Kupon platform, this does not imply that the Company endorses or recommends such Third-Party Websites or the information, products, advertisements, or other materials available on or through such Third-Party Websites.
12.1.2 When you access Third-Party Websites, you do so at your own risk. You hereby represent and warrant that you have read all applicable policies regarding your use of the services and agree to be bound by them. In addition to your obligations under these Terms of Use, you will also comply with all applicable policies of Third-Party Websites.
12.1.3 Kupon has no control over the content, accuracy, privacy policies, or practices of Third-Party Websites or the opinions expressed on such Third-Party Websites, and the Company is not responsible for any such content. Furthermore, Kupon cannot and does not censor, verify, review, or edit the content of any Third-Party Websites. If you use the services of Kupon, you do so at your own risk, and you release Kupon from any and all liability for claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with disputes between users and Third-Party Websites.
12.1.4 You acknowledge and agree that any transactions or interactions with any organization or individual, whether on the Kupon platform or off it (including but not limited to other businesses), related to the provision of goods or services, payment, and delivery, and any other terms, conditions, warranties, or representations associated with such transactions, are solely between you and the organization or individual, and do not involve the Company.
12.1.5 Before engaging in any online or offline transactions with any such third party, you should conduct whatever investigation you feel necessary.
12.2 Kupon's Liability
12.2.1 You agree that Kupon shall not be responsible for any loss or damage arising from such transactions. If disputes arise between participants on the website or between users and any third party, you understand and agree that Kupon is under no obligation to be involved. In the event that you have a dispute with one or more other users or third parties, you hereby release Kupon, its parent companies, subsidiaries, officers, directors, employees, agents, and successors from any and all claims, demands, and damages (actual and consequential), known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes of any nature.
13. Termination
13.1 Termination by Kupon
13.1.1 As long as you use the Kupon platform or services, these Terms of Use remain in full force. Kupon may terminate or suspend your access to the services or your membership rights at any time and for any reason without notice, and all information related to your membership will be lost or deleted as a result. If you violate any terms or conditions of these Terms of Use, Kupon may also immediately terminate or suspend any and all services provided to you and your access to the Kupon platform, without prior notice or liability.
13.2 Effect of Termination
13.2.1 Upon the termination of your account, your rights to use the services, access the Kupon platform, and any content will immediately cease. However, any provisions in these Terms of Use that by their nature should continue to be effective after your account has been terminated will survive, including but not limited to ownership provisions, disclaimers, and limitations of liability.
13.2.2 If these Terms of Use are terminated due to your violation of the provisions, Kupon has the right to cancel any vouchers you have purchased but not used prior to termination, without any obligation to refund you.
14. Other Provisions
14.1 Severability
14.1.1 If any provision of these Terms of Use is deemed unenforceable or invalid, such provision shall be limited or deleted to the minimum extent necessary to make these Terms of Use remain in full force and enforceable.
14.2 Assignment
14.2.1 You may not assign, transfer, or delegate these Terms of Use without the prior written consent of Kupon. However, Kupon may transfer, assign, or delegate these Terms of Use and its rights and obligations without obtaining your consent.
14.3 These terms and conditions are written in English, and any translations into other languages are for reference only. In the event of any discrepancy between a translated version and the English original, the English version shall prevail.
If you wish to report any violations of these Terms of Use or have questions regarding these Terms of Use or the services, please contact us through the customer support system.
1. Scope of this Agreement
1.1 Kupon agrees to provide the following non-exclusive services ("the Services") to the Seller under the condition that the Seller complies with the terms and conditions of this Agreement:
(1) Posting the products or services provided by the Seller on this platform.
(2) Using the Kupon Seller Center.
(3) Other services provided to the Seller in accordance with Kupon's policies.
1.2 This platform, the Kupon Seller Center, and the services.
Appearance and style: Kupon reserves the right to control the appearance and style of this platform and this service.
Outsourcing or subcontracting: Kupon reserves the right to delegate or outsource any obligations under this contract to affiliated companies or any third-party service providers.
Modification of the platform and/or Kupon Seller Center: The seller acknowledges and agrees that Kupon reserves the right to modify, upgrade, suspend, terminate, or remove, without prior notice, any information, features, services, or products of the platform and/or Kupon Seller Center, and Kupon shall not be liable to the seller for this unless otherwise specified in this contract or in a separate written agreement between the parties.
1.3 Seller's Use of the Platform.
Kupon Policy: The seller acknowledges and agrees that the Kupon policy constitutes a part of this agreement, and the Kupon policy may be modified or updated at any time. The seller's continued use of this platform shall be deemed as acceptance of such modifications or updates. In the event of any conflict between the latest version of the Kupon policy and the terms of this agreement, the latest version of the Kupon policy shall prevail.
Accuracy and Price Validity: The seller shall be solely responsible for the accuracy and validity of the product prices or any other information related to their products listed on this platform.
Verification Code/Password
Regarding the password (hereinafter referred to as 'Verification Code') used for verifying the seller's identity when logging into this platform or using any features on this platform, the seller agrees to:
(a) Maintain the confidentiality of the Verification Code.
(b) Ensure logging out of the account after each use.
(c) Promptly notify Kupon in the event of suspected unauthorized use of the Verification Code or account or any breach of the confidentiality of the Verification Code.
The seller agrees to take full responsibility for any actions taken on this platform using the Verification Code, whether or not authorized by the seller, and for any actions taken by Kupon in accordance with the instructions or actions related to the Verification Code in the aforementioned process.
1.4 Listing Items for Sale on this Platform
(1) With the seller's signing of this agreement as a prerequisite, Kupon agrees to list the seller's items for sale on this platform.
(2) Kupon reserves the right to refuse or suspend the listing of the seller's items on this platform based on its unilateral judgment when any of the following circumstances exist:
(a) Listing the item may not contribute to the diversification of product sales on this platform.
(b) The seller violates or is incapable of fulfilling the obligations under this agreement or the contracts established between the seller and buyers.
(c) Listing or selling the item violates Kupon's policies.
1.5 The relationship established between the seller and Kupon under this agreement is that of completely independent contracting parties, and there is no agency relationship between them.
2. Fees
2.1 Seller acknowledges and agrees that Kupon may charge fees for specific services or features provided on this platform or the Kupon Seller Center (referred to as "Fee Services"). By using Fee Services, the seller agrees to pay Kupon the relevant fees as per Kupon's policy or any written agreement between the parties.
2.2 Unless otherwise specified, the seller shall bear any value-added tax arising from Fee Services.
2.3 The seller agrees that Kupon may deduct the fees for Fee Services and any applicable taxes directly from the payments made by buyers.
Online Sales and Supply of Goods
3. Basis of Buyer Agreements
3.1 The seller agrees to sell and supply goods at all times in its own name and shall take all necessary steps and precautions to prevent its goods from being mistaken as Kupon's goods.
3.2 Contracts or agreements regarding the sale or purchase of goods are directly and solely established between the seller and the buyer. Kupon has no obligation to enter into any contracts regarding the sale or supply of goods with buyers, despite providing this platform.
4. Buyer Agreements and Payment to the Seller
4.1 Orders generated through this platform are considered accepted by the seller.
4.2 The seller will receive details regarding the buyer's order, including the ordered goods and buyer information, through this platform and/or the Kupon Seller Center.
4.3 Any contracts or agreements (referred to as "Buyer Agreements") established between the buyer and seller through the buyer's orders shall comply with Kupon's policies.
4.4 Under this agreement, Kupon or its authorized agents or affiliated companies are entitled to act as agents to collect payments made by buyers on behalf of the seller.
4.5 Kupon shall pay the purchase amounts to the seller during the performance guarantee period as per Kupon's policy.
Performance of Buyer Agreements
5. Seller's Obligations
The seller shall fulfill the obligations of Buyer Agreements in accordance with the terms of this agreement.
6. Product Inventory
6.1 Proof and Sale Price: The seller shall provide information about the product's name, description, applicable warranty, and selling price, and shall submit a list of products and related information through this platform in accordance with Kupon's policy. The seller shall update the product list and related information on this platform at all times to ensure accuracy.
7. Delivery and Refunds
7.1 Kupon Guarantee:
The seller agrees that Kupon may retain the buyer's payment for buyer orders (referred to as "Purchase Amounts") until the buyer provides confirmation of payment, and Kupon shall not be liable to the seller or the buyer for this.
7.2 The seller acknowledges and agrees to bear any losses and liabilities resulting from its violation of the terms of this agreement or Buyer Agreements.
8. Buyer Services
Unless otherwise stipulated in this agreement, Kupon is not responsible for post-sale services, debt collection, buyer inquiries, sales or technical support, repairs, or any other obligations or services related to goods sold through this platform.
General Provisions
9. Buyer Personal Data
9.2 Without prior written consent from Kupon, the seller shall not disclose buyer data to any third party.
9.3 Upon termination of this agreement, the seller shall immediately destroy any retained or collected buyer data.
9.4 The seller warrants and undertakes to collect, disclose, use, and process buyer data only within the scope of this agreement's purpose. The seller shall be responsible for the actions of its subcontractors or service providers in collecting, disclosing, using, processing, or losing buyer data. The seller undertakes to compensate Kupon for losses incurred due to the seller's breach of this obligation or due to its intentional negligence in performing the obligation. The seller shall bear the costs or expenses incurred by the seller or its subcontractors or service providers in complying with this obligation.
10. Guarantees
10.1 The seller guarantees that it has sufficient rights and/or permissions to sell the goods listed on this platform.
10.2 The seller guarantees that the goods listed on this platform, regardless of whether they are manufactured, assembled, produced, or provided by the seller, shall:
(1) Strictly comply with any product guarantees provided by the seller on this platform, as well as specifications, patterns, samples, performance standards, or other descriptions provided by the seller on this platform.
(2) Possess quality suitable for sale and satisfactory to customers.
(3) Comply with all applicable laws, regulations, rules, and orders.
10.3 Seller's Non-Infringement Guarantee:
(1) The goods listed on this platform by the seller do not violate any applicable laws or regulations and do not infringe on the rights of any third party, including intellectual property rights.
(2) Kupon shall not directly or indirectly infringe on the rights of any third party, including intellectual property rights, by advertising, marketing, or promoting the seller's goods through any means (whether on this platform or other media) or by using seller materials for advertising, marketing, or promoting the seller's goods.
(3) Seller materials are suitable for Kupon's use in advertising, marketing, or promoting the seller's goods (whether on this platform or other media), do not contain any defamatory or other content that violates applicable laws and regulations, and are complete, accurate, and reliable.
(4) The seller shall immediately notify Kupon and correct any errors or updates in seller materials that the seller becomes aware of.
(5) The seller owns or is authorized to use all rights related to the sale of goods, and hereby grants Kupon the non-revocable, non-exclusive, royalty-free, and transferable right to use such rights for the purpose of advertising, marketing, or promoting the seller's goods (whether on this platform or other media) within the scope of this agreement.
(6) The seller is unaware of any third-party claims of infringement related to the goods or any claims, demands, or legal actions related to the manufacture, sale, distribution, or use of the goods.
10.4 Other Seller Guarantees:
(1) The seller guarantees that it has sufficient rights and permissions to sign this agreement and Buyer Agreements, and the terms of this agreement are binding and enforceable against the seller.
(2) The seller warrants that the information provided by the seller to Kupon or provided to buyers through this platform is accurate, valid, and up-to-date.
(3) The seller has obtained any formal consents, waivers, approvals, authorizations, registrations, licenses, or declarations required to sign and perform this agreement and Buyer Agreements.
(4) All acts related to signing and performing this agreement and Buyer Agreements by the seller do not violate any applicable laws, regulations, rules, orders, judgments, injunctions, or other requirements of any court or administrative authority.
(5) The seller has obtained any formal consents, waivers, approvals, authorizations, registrations, licenses, or declarations required to enable Kupon to advertise, market, or promote the seller's goods (whether on this platform or other media) within the scope of this agreement.
11. Responsibility Limitation and Exclusion
11.1 Kupon shall not be liable for any indirect, incidental, special, punitive, or consequential damages, including but not limited to loss of use, loss of profits, and business interruption.
11.2 Kupon does not guarantee the security of data transmitted through this platform. Sellers understand and accept the risk that this platform may be breached by unauthorized third parties, and that information may be disclosed to such third parties in the name of the seller. Transmission through the internet and email may also be subject to interference, interruption, delay, and incorrect data transmission due to network traffic and the public nature of the internet.
11.3 Kupon is not responsible for or does not guarantee buyer compliance with buyer contracts. Sellers commit not to take any legal action against Kupon or its affiliated companies, directors, senior executives, employees, contractors, or agents for any reason related to buyer orders or buyer contracts, and hereby waive any right to take legal action. Sellers are aware that, except as otherwise expressly provided on this platform, Kupon has no obligation regarding the sale, supply, and purchase of goods on this platform.
11.4 Sellers are aware and agree that user identity verification on the internet is often difficult to confirm. In this regard, sellers accept the risk of engaging in internet activities involving fraud or false identity (including but not limited to impersonation of others).
Kupon does not:
(1) Guarantee and/or confirm the identity claimed by each buyer.
(2) Guarantee that buyers have not abused verification codes or complied with all relevant regulations for using this platform.
(3) Assume any liability related to disputes over buyer identity.
12. Termination
12.1 Kupon may immediately terminate the seller's account upon the occurrence of any of the following reasons, without affecting other rights enjoyed by Kupon under applicable laws or this agreement.
12.2 Termination reasons:
(1) The seller violates any representation or warranty under this agreement.
(3) The seller decides to liquidate or dissolve according to the orders of a competent court.
(4) Administrative authorities appoint administrators for the seller's assets, or secured creditors take over or sell any of the seller's assets.
(5) The seller reaches a debt agreement with its creditors or takes measures to oppose its creditors, such as applying for suspension of disposal to a competent court.
(6) The seller ceases or declares the cessation of its operations.
(7) Kupon reasonably believes that any of the above reasons will occur and notifies the seller.
12.3 Termination Consequences
Upon the termination of this agreement for any reason:
(1) All fees or payments owed by the seller (whether or not invoiced by Kupon) shall be deemed due.
(2) Kupon has the right to immediately block the seller's use of this platform and/or the Kupon Seller Center, or remove the seller's materials from this platform, or cease accepting any buyer orders referred by the seller.