Support Policy Page

1. INTERPRETATION

1.1 Unless otherwise defined, capitalised words used in this Terms of Service shall have the meaning given to them in the Form.

1.2 In this Terms of Service the following words will have the meanings assigned to them in this Clause, except where inconsistent with the context:

"Affiliate" means, with respect to an entity, any entity that Controls, is Controlled by, or is under common Control with, that entity, where "Control" means the possession, directly or indirectly, of the power to direct or cause the direction of the management, operating policies, or assets of that entity, whether by way of ownership of more than 50% of its voting or equity securities or assets, or by way of contract, management agreement, voting trust, or otherwise; provided that the term "Affiliates" shall include any variable interest entity regardless of whether any variable interest entity may be, or required to be, consolidated with that entity under generally accepted accounting principles;

"Applicable Law" means, with respect to any person, any and all:

(a) laws, ordinances, or regulations;

(b) codes, standards, rules, requirements, orders and criteria issued under any laws, ordinances or regulations;

(c) rules of any Online Shop or E-commerce

(d) applicable data protection laws;

(e) any and all judgments, orders, writs, directives, authorisations, rulings, decisions, injunctions, decrees, assessments, settlement agreements, or awards of any governmental authority, in each case applicable to such person or its business or properties;

"Commercially Reasonable Efforts" means taking such steps and performing in such a manner as a well-managed company would undertake where such company was acting in a determined, prudent and reasonable manner to achieve the particular result for its own benefit;

(a)Sellers must provide after-sales support including order inquiries, tracking updates, and return processing.

(b)Sellers should respond to buyer inquiries and within 24 hours.

(c)JOOM Customer Service may mediate disputes, and sellers must cooperate by providing evidence.

“Confidential Information” means all confidential, non-public information and data, of any nature and in any form (whether written, visual, electronic or oral), that the Receiving Party and its Representatives receive from the Disclosing Party and its Representatives under this Terms of Service (whether on or before the Agreement Date), including without limitation:

(a) information relating to the Disclosing Party's and its Affiliates' business and business strategies, markets, customers, products (including new products and plans for new products, as well as marketing plans and materials), pricing and cost information, condition (financial or otherwise), operations, assets, liabilities, results of operations, cash flow and prospects, or employees, officers, contractors and agents, including, without limitation, technical, commercial, financial, accounting, legal and administrative information;

(b) the existence of and the terms of this Terms of Service (including any Fees paid to Influencer/Agency and the commercial details set out in the Form), as well as the Disclosing Party's position in any dispute in relation to this Terms of Service;

(c) any copies of Confidential Information and all information created or derived by the Receiving Party or its Representatives from the Confidential Information, provided that Confidential Information shall not include information that:

(i) is already in the Receiving Party’s or its Representatives’ possession at the time of disclosure by the Disclosing Party or its Representatives;

(ii) is or becomes part of public knowledge other than as a result of any action or inaction of the Receiving Party or its Representatives in breach of the confidentiality provisions of this Terms of Service;

(iii) is obtained by the Receiving Party or its Representatives from a third party who did not obtain such information, directly or indirectly, from the Disclosing Party subject to any confidentiality obligation; 

(iv) is independently developed by the Receiving Party or its Representatives without the use of or reference to the Confidential Information of the Disclosing Party;