3. SELLER’S RESPONSIBILITIES
3.1 For purposes of this section, a Seller is a type of user who sells or promotes his/her/its items, products or services through the Platform, regardless of whether such user also buys from other users via the Platform, and shall include, among others, logistics and/or forwarding companies listed in the Platform and used by the users to deliver the items (or services, if applicable) who may also be referred to herein as third-party suppliers.
3.2 Seller shall comply with proper commercial laws and other regulations, including those issued by the Department of Trade and Industry (“DTI”), and shall ensure that relevant information such as the price and the true and accurate details of items sought to be sold, expiration dates of food products, indication that products are perishable, if indeed these are perishable goods, properly sealed food products or perishable products, inventory amount and terms and conditions for the sale is updated on the Seller’s listing and shall not post inaccurate or misleading information. Marketing schemes shall not be an excuse for non-compliance or partial compliance with these terms and conditions. Full compliance with these terms and conditions is required.
3.3 Seller warrants that all items sought to be sold are genuine, authentic and original. Seller shall be solely liable for damages against any Buyer or third person for selling fake items and shall hold Polaris, its incorporators, directors, stockholders, shareholders, officers, employees and the like, free from any liability for such act. Should any court hold Polaris jointly liable or jointly and severally liable with the Seller for the latter’s act of selling fake items, the Seller shall reimburse Polaris of the whole amount the latter paid, without need of demand, and in addition to five hundred percent (500%) of the amount released as penalty. Interest, which shall be computed separately, shall likewise be reckoned from the date when Polaris released payment to those damaged by the Seller. This is without prejudice, and is in addition, to any criminal and/or civil liabilities that the Seller may incur under applicable laws, rules and regulations.
3.4 Items prohibited to be sold via, or posted on, the Platform are those prohibited to be sold, regulated or controlled, by government entities or regulatory bodies, including, but are not limited to:
i. Non-transferrable items (i.e., airline tickets, lottery tickets and the like);
ii. Used cosmetic products and used undergarments;
iii. Refurbished computers, mobile phones, tables, laptops and similar gadgets or electronic devices;
v. Wildlife, animals, whether wild or domesticated, wildlife products, and animal parts, such as, but not limited to, claws, tusks, pelt, skins, shells and other parts;
vii. Prohibited, regulated or protected flora and fauna;
viii. Food containing prohibited substances and/or chemicals or those containing substances in beyond the permitted proportions thereof;
ix. Food hazardous to human health, including, but not limited to, adulterated, contaminated, or spoiled food;
x. Non-pasteurized dairy products;
xi. Artifacts, antiquities and cultural relics, historical grave markers, and other related or similar items prohibited by law;
xii. Counterfeit or authentic monies, currency, coins, banknotes, and cheques;
xiii. Counterfeit or authentic stocks, bonds, money orders, credit and debit cards, investment interest;
xiv. Counterfeit or authentic digital currency, digitally stored value cards or any similar form of currency;
xv. Equipment and materials used to produce counterfeit or authentic currency, coins, banknotes, stocks, bonds, money orders, credit and debit cards, digital currency and the like;
xvi. If reproduction or replicas of coins are sold as collectible items, the same must be clearly identified as such, marked with the word “Reproduction”, “Replica” or “Copy”, and must comply with all other requisites provided by applicable laws;
xvii. Unauthorized replicas, copies or counterfeit products, which are violative of intellectual property laws and intellectual property rights of third persons;
xviii. Video games that are prohibited by the laws of the Philippines or are considered immoral, or video games that are not properly licensed for public distribution under Philippine laws;
xix. Books that are prohibited or do not comply with applicable laws, or those that are not properly licensed for public distribution under Philippine laws;
xx. Precious metals such as gold and silver, among others, but do not include jewelries. Any article manufactured in whole or in part of gold, silver, or other precious metal or alloys thereof, the stamps, brands or marks of which do not indicate the actual fineness of quality of said metals or alloys. Rough diamonds and conflict minerals without compliance with the legal requisites on matters pertaining thereto are prohibited.
xxi. Drugs, drug-like substances and associated paraphernalia;
xxii. Orally administered or ingested sexual enhancement foods and supplements;
xxiii. Articles, instruments drugs, and substances designed, intended or adapted for producing unlawful abortion, or any printed matter which advertises or describes or gives directly or indirectly information where, how and by whom unlawful abortion is produced;
xxiv. Prescription only medicines and pharmacy only medicines;
xxv. Narcotics, prescription veterinary drugs, psychotropic drugs, natural drugs, synthetic drugs, tranquilizers, steriods and other controlled and/or prohibited substances;
xxvi. Drug precursor chemicals and drug paraphernalia, including items intended or designed for the manufacturing, concealing or using prohibited or controlled substances;
xxvii. Any adulterated or misbranded articles of food or any adulterated or misbranded drugs in violation of the provision of the “Food and Drug Act”;
xxviii. Marijuana, opium, poppies, coca leaves, heroin or any other narcotics or synthetic drugs which are or may hereafter be declared habit forming by the President of the Philippines, or any compound, manufactured salt, derivative, or preparation thereof;
xxix. Opium pipes and parts thereof, of whatever material, and similar items;
xxx. Users may not sell over-the-counter drugs unless such user has the appropriate licenses and privileges granted by applicable laws to sell over-the-counter drugs;
xxxi. Users may not sell legitimate medical devices unless such user has the appropriate licenses and privileges granted by applicable laws to sell these legitimate medical devices;
xxxii. Items/products intended for medical use and/or presented as having medicinal properties, or those claimed to be intended for use in treatment or prevention of disease, contraception, and the like that may or may not permanently or temporarily interfere with the normal operation of a human or animal’s physiological function;
xxxiii. Dynamite, gunpowder, ammunitions and other explosives, firearms and weapon of war, and parts thereof, including, but are not limited to, replicas of weapons, explosives, firearms and ammunitions, pepper spray, stun guns, BB guns, paintball guns, spears, crossbow, swords, and any other item that could incapacitate or cause physical harm to others;
xxxiv. Bladed weapons such as knives, swords, bolo, kris, switchblade knives, disguised blades, and other bladed handheld devices are prohibited. Kitchen knives, bread knives and similar items are allowed. Upon notice, Polaris has the right to determine, on its own discretion, whether or not to allow specific knives to be presented on the Platform;
xxxv. Any item, service, or process that would aid in the production of weapons, whether the same be biological, chemical, nuclear or other Weapons of Mass Destruction;
xxxvi. Any part of a weapon, including ignition and detonation equipment;
xxxvii. Flammable, explosive, toxic, poisonous and hazardous chemicals, including hazardous waste;
xxxix. Radioactive materials;
xl. Except when clearly identified as souvenir items, government, military and law enforcement issued items and/or those pretending to be such are prohibited, such as, but not limited to, law enforcement and/or military badges, including badges issued by government of other countries, articles of clothing similar to government/official uniforms, military decorations, medals and awards, law enforcement uniforms and insignia, law enforcement insignia and vehicles and warships of all kinds;
xli. Sodium Cyanide and other chemicals that are harmful to the environment and are regulated and/or prohibited by governments, environmental agencies or regulatory bodies;
xliii. Any product or item containing harmful substances, such as, but not limited to, lead in toys;
xliv. Clothing, uniform, tags, medals, insignia or any other item which identifies with transportation industries, including manuals, articles or other materials related to commercial transportation, such as, but not limited to, the safety manuals in buses, trains and commercial airlines.
xlv. Any internal, official or classified document, whether it be non-public of public;
xlvi. Obscene, seditious or treasonous materials;
xlviii. Films and videos prohibited by Governments and/or regulatory bodies, or those that do not comply with applicable laws, or those that are not properly licensed for public distribution under Philippine laws;
xlix. Publications that do not comply with applicable laws or those that are not properly licensed for public distribution under Philippine laws;
l. Posting of items or statements that are offensive or those that advocates extreme ideologies;
li. Items used for illicit purposes, such as, radar scanners, descramblers, wiretapping devices, smart cards, card programmers, emulators and other cracking, phishing, hacking programs, telephone bugging/tapping devices and applications, items, equipment, software and applications used to gain unauthorized access to television programs, internet, telephone, data and/or other protected, restricted or premium services, spy equipment, jammers (i.e., wifi jammers, radio jammers, data jammers, gps jammers and the like), card readers or skimmers, or any other similar items, including manuals and instructors related thereto;
lii. Lock-picking devices and manuals or instructions teaching, among others, how to pick a lock or how to use, utilize, build, maintain, or repair a lock-picking device or similar items;
liii. Illicit and/or unlawful services, or services that teaches others to perform illicit and/or unlawful acts;
liv. Written or printed articles, negatives or cinematographic film, photographs, engravings, lithographs, objects, paintings, drawings or other representations of an obscene or immoral character
lv. Adult, obscene, and pornographic materials. Sex toys and/or similar products should not include nude or sexually explicit images;
lvi. Financial services, such as, but not limited to, money transfers, issuance of bank guarantees and letters of credit, and the like;
lvii. Legal services (i.e., annulment, legal separation, civil suit for damages, criminal complaints, defenses in cases, and the like) whether posted by a member of the bar or not;
lviii. Medical and healthcare services;
lix. Bulk email (spam) list, including tools, software and/or program designed to send unsolicited emails or promotion materials;
lx. Liquor, alcohol products, unless user has a valid license and all necessary permits. User should also be allowed to sell alcohol products under applicable laws;
lxi. Tobacco and tobacco related products, cigarettes and cigarette related products, electronic cigarettes and electronic related cigarette products, nicotine and other liquids for use in electronic cigarettes;
lxii. Fireworks, firecrackers and similar products;
lxiii. Automotive airbags;
lxiv. Embargoed goods, confiscated products, seized items, stolen items, recalled items, mislabeled goods and other similarly forbidden products/items;
lxv. Human parts or human remains, including, but not limited to, sperm, eggs, organs and blood;
lxvi. Slot machines and/or items or equipment specifically used in gambling, and which do not have other legitimate uses;
lxvii. Items/products prohibited by laws and regulations of different countries and jurisdictions;
lxviii. Any legally prohibited or regulated item/ product;
lxix. Any item/product similarly situated and/or of the same nature as any of the above-listed items/products;
3.5 The price of items for sale will be determined by the Seller at his/her/its own discretion. The amount breakdown should already include the selling price of an item, shipping charges, and applicable taxes, such as sales tax, value-added tax, tariffs, etc. as well as other details required by the Bureau of Internal Revenue of the Philippines and Seller shall not charge Buyer such amount additionally and separately.
3.6 Polaris may, at its discretion, engage in promotional activities through advertisements or bidding. In which case, Polaris will offer every seller to join the advertisement promo or avail the bidding promotion. In either case, the Seller shall be the one solely responsible for fixing the purchase price, as well as the one solely responsible/liable for any unlawful, inaccuracies in, or unfulfilled, warranties.
3.7 For the purpose of promoting the sale of the Seller’s listed items, Polaris may post such items at discounted/promotion price in other portals and/or websites, including, but not limited to, price comparison sites and other websites operated by Polaris.
3.8 Seller shall comply with applicable laws, including, but not limited to commercial and tax laws, including the rules and guidelines issued by appropriate government agencies regarding the issuance of receipts, credit card slips or tax invoices to the Buyer.
3.9 Seller acknowledges responsibility for paying all taxes, customs and duties for the item sold, and Polaris cannot provide any legal or tax advice on these matters. As tax laws and regulations may change from time to time, Sellers are advised to seek professional advice if in doubt.
3.10 Seller holds Polaris and its Platform, its incorporators, directors, stockholders, shareholders, officers, employees and the like, free from any liability regarding damages to the item sought to be sold, which may have been incurred while in the Seller’s possession or in transit. Seller openly recognizes Polaris as a mere Platform, which could not physically possess or control the item listed for sale or item sold.
3.11 Seller acknowledges being informed of Polaris’ offer of advertisement in the Platform, and the fact that if such offer is not accepted, but is accepted by other Sellers with competing products, their competitors’ advertisements may appear on the same screen where their listed items for sale appears. Seller waives any and all claim or complaint against Polaris regarding such matter.
3.12 In addition to being considered a Seller, users may also be considered as Third party suppliers or third party platforms should they offer their logistics services, forwarding services or any other services necessary for the users. Third party suppliers and Third party platforms shall have the same warranties and obligations as the Sellers, insofar as the services they provide are concerned.
3.13 User interfaces and programs which are utilized by the Platforms, such as those utilized in the Platform’s payment gateway (i.e., Paypal, _______, ______, and the like) are likewise considered as Third Party Platform.
3.14 Third party suppliers, as well as those who operate third party platforms for Polaris, hold the latter, its incorporators, directors, stockholders, shareholders, officers, employees and the like, free from any liability for damages or losses incurred by users or third persons, when such damages or losses are incurred directly or indirectly through the acts of the third party suppliers or through the use of the third party platforms.
3.15 Sellers, including Third-party suppliers (i.e., logistics and forwarding companies), warrant and guaranty that the final selling prices indicated on the Platform shall be the lowest price they can offer to the market compared to the prices they post in other platforms or websites. Posting lower prices in other websites, shall be tantamount to the immediate termination of the User Account, which termination shall be solely upon the discretion of Polaris, plus liability of paying damages for breach of these Terms and Conditions. Sellers agree to pay damages of at least One Million Pesos (Php1,000,000.00) for violating this provision, in addition to interests and penalties reckoned from the time of posting which resulted to a higher selling price appearing in the Platform - whether the cause of such be the posting in the other website/platform or the posting in the Platform.
3.16 Sellers, including Third-party suppliers (i.e., logistics and forwarding companies) and other Third-party Platforms, which have been given access to Polaris’ APIs or have accessed Polaris’ APIs, are prohibited from accessing databases beyond the logical and usual scope granted by Polaris, even if such access was made through software, programs or APIs given directly or indirectly by Polaris. Should a user, of whatever kind (i.e., seller, buyer, third-party supplier) violate this provision, such user shall be civilly and criminally liable for illegally obtaining information from Polaris’ database. Such prohibited act shall be considered as hacking, cracking, phishing or any other similar act, as the case may be, tantamount to the taking or viewing confidential information without proper consent.
3.17 The Seller warrants that he/she/it is aware that his/her/its User Account and those contained in it, such as the Seller’s products/items, user rankings and reviews, can be viewed by the public (even those who are not registered with the Platform), as such the Seller consents to Polaris that all images, texts, items, matters, data, information, and the like, whether the same be privileged or sensitive, which the Seller intimated to Polaris through whatever means, may be utilized and distributed by the latter, and therefore, may be publicly viewed by, or given to, other users, third persons or government agencies, without any violation of the user’s right to privacy under the Constitution or under any other laws, such as, but not limited to the Data Privacy Act of 2012, as amended, and without Polaris incurring any liability to the user or to any third person, who may or may not incur damages. These images, texts, items, matters, data, information and the like also include those documents or data that may be gathered from those requisite documents submitted by users to Polaris, if any. This consent is freely given, specific, informed, and is tantamount to an indication of will, whereby the Seller agrees to the collection and processing of information directly or indirectly relating to the Seller, and may be evidenced by written, electronic or recorded means. This consent may also be given on behalf of the Seller by his/her/its agent. The recorded evidence includes printed data-base evidence showing that the user previously assented to the original, modified and/or amended terms and conditions. In addition thereto, the use of the Platform signifies the user’s consent as the user could not have accessed the Platform without previously assenting to the original, modified or amended terms and conditions, which contains the instant provision, which may or may not include amended terms pursuant to applicable laws.