Terms of Service

Thank you for your interest in BorderBuys! Please read these terms of use (“Terms”) carefully as they contain important information regarding your legal rights, remedies, and obligations. This includes in particular, various limitations, exclusions and an indemnity. If you do not agree to these Terms, we will not licence use of this Platform to you and you must not use our Platform.

INTRODUCTION

BorderBuys LLP. (“BorderBuys”, “BB”, “Border Buys”, “us” or “we”) provides an online platform which, amongst other things, connects travellers and sellers with people seeking to purchase products outside of their countries through BorderBuys’s website (https://www.borderbuys.com/) and/or mobile applications (collectively, the “Platform”). Users who have registered for an account with us to provide their help to others purchase products from other locations are “Sellers” and can include either private sellers (“Private Sellers”) and/or commercial seller who are able to bring authentic products to buyers who listed their purchase requirement on the Platform. Users who have registered for an account to request the help to purchase products are “Buyers”.

By accessing or using the Platform, including by communicating with us or other BorderBuys users, you agree to comply with, and be legally bound by, the provisions of these Terms, whether or not you become a registered user of the Platform. These Terms govern your access to and use of the Platform, our services offered via the Platform or otherwise by us and any other software provided by us in connection with any of the foregoing (collectively, the "Services"). We license use of the Platform to you on the basis of this agreement. We do not sell the Platform to you and we remain the owner of the Platform at all times.

1.1 The provisions set out in this agreement govern your access to and your use of the Platform and shall constitute a legally binding agreement between you and us.

1.2 Subject to you agreeing to abide by the terms of this agreement, we hereby grant to you a personal, non-exclusive and non-transferable licence to use the Platform on the terms of this agreement.

1.3 To access certain features of the Platform, you must provide us with certain mandatory and voluntary information as required for a successful registration. By registering an account with us and using the Platform, you confirm that:

(a) you have read the terms set out in this agreement and agree to be bound by and comply with them; and

(b) you are 18 years old and above.

1.4 When you list, buy or help to buy a product via the Platform, you will be required to provide us certain information or documents about yourself to verify your identity. BorderBuys may at our sole and absolute discretion, undertake checks and identity authentication processes on users and/or their products based on such Verification Information before a user is registered as a “Verified Seller” or “Verified Buyer” (collectively, “Verified Users”) or a product is considered to be a “Verified product”. BorderBuys may, at our sole and absolute discretion, accept or reject an application to become a Verified User or revoke any Verified User from time to time.

1.5 In providing any Identification or Product verification Information to us, you represent and warrant that all such information is true and accurate and remains true and accurate at all material times. In the event of any changes or updates to any Verification Information or other information you have provided to us upon registration for an account, you agree to notify us as soon as practicable.

1.6 You are responsible for maintaining the confidentiality of your account, and you are responsible for all activities that occur under your account. We are not responsible for any loss, damage or liabilities arising as a result of or in connection with the wrongful, fraudulent or illegal use of your account.

1.7 You may not transfer your account or user ID to any other party without our consent in writing.

1.8 Unless otherwise agreed, you are not permitted to use, or submit any content to, our Platform or any of our affiliated websites (including social media pages) to advertise, promote or market any products or services of any third party or yourself.

1.9 We reserve the right to change, modify, suspend or discontinue any portion of the Services, Platform or any other products, services, affiliated websites (including social media pages) and/or other software provided by us in connection with any of the foregoing at any time. You agree that access to or operation of any of the foregoing may from time to time be interrupted or encounter technical difficulties. Due to the nature of the internet, we do not guarantee the continuous and uninterrupted availability and accessibility of the Platform and/or the Services.

1.10 These Terms refer to the following additional terms, which also apply to your use of the Platform and which form part of this agreement:

(a) Our Privacy Policy sets out our policy concerning the collection, use and disclosure of your personal data in compliance with the Personal Data Protection Act 2012 (No. 26 of 2012) (“PDPA”). By using our Platform, you consent to our collection, use and disclosure of your personal in the manner set out in our Privacy Policy and you warrant that all personal data provided by you is accurate. Should you have any feedback or enquiries relating to your personal data, please contact our Data Protection Officer at [admin@borderbuys.com].

(b) Our Acceptable Use Policy sets out the permitted uses and prohibited uses of our Platform. When using our Platform, you must comply with this Acceptable Use Policy.

1.11 By registering for an account with us, the following specific terms and conditions, which form part of this agreement, could also be applicable and binding on you:

(a) Terms and Conditions for Sellers, which sets out specific terms applicable to Sellers; and/or

(b) Terms and Conditions for Buyers, which sets out specific terms applicable to Buyers.

1.12 We reserve the right to, without any notice, explanation or liability and in our sole discretion carry out any of the following measures:

(a) refuse to allow you or limit or suspend your access to the Platform (including access to your account with us) at any time;

(b) remove or edit content (including content submitted by you) on the Platform or on any of our affiliated websites (including social media pages);

(d) cancel any Services provided to you.

SCOPE OF PLATFORM

2.1 BorderBuys provides a platform which connects Buyers and Sellers for the purchase of product(s) or offering help to purchase the product(s). The platform does not provide product purchase or selling services directly. All purchase services are provided directly by the Sellers to Buyers, and by making or accepting a listing of “Help me buy” or “Offering to buy” listings, and Sellers and Buyers are entering into a contract directly with each other.

2.2 BorderBuys does not make any representation, warranty or guarantee about:

(a) the safety, quality, condition, cleanliness, wholeness, expiration dates or authenticity of any products listed on the Platform for buying or selling; and

(b) the quality of any listings, products, sellers, users, the Services, or any content or the accuracy, timeliness, truthfulness, completeness, or reliability of any content obtained through the Services.

2.3 Any references to:

(a) a user being “verified” (or any similar language) simply means that the user has passed our verification checks (if any), and is in no way an endorsement, certification or guarantee of that user’s identity or background, or that such user is trustworthy, safe or suitable for any particular purposes.

(b) a product being “verified” (or any similar language) simply means that the product has passed our authenticity checks (if any) and is not any warranty as to appearance, safety, quality or fitness for a particular purpose.

2.4 BorderBuys may, at our sole and absolute discretion, assist with dispute resolution between users. Should we choose to do so, you agree to cooperate and assist BorderBuys in good faith, and to provide BorderBuys with all requested information. Should you choose to submit any dispute to BorderBuys for resolution and we agree to assist, you agree that any decision made by BorderBuys shall be final, and you shall take such actions as may be directed by us following such decision.

2.5 BorderBuys may, from time to time, in its sole and absolute discretion offer special promotions to you, the terms of which shall be notified in writing to you and/or set out on the Platform. Any such promotions shall be subject to the specific terms and conditions specified in the relevant promotion.

FEES AND PAYMENTS

3.1 In consideration of the use of our Platform, you may be charged platform service fees, payment processing fees, shipping fees, authentication fees, other fees or charges (collectively, the “Platform Fees”).

You may pay your Platform Fees using a credit card or debit card or other electronic means of transfer. You may also pay your Platform fees through any of the methods as may be made available on the Platforms or as may be notified to you from time to time. You acknowledge and agree that:

• save as set out in this Clause, platform service fees, payment processing fees, shipping fees, authentication fees, other fees or charges paid by you to us with respect to your Account or otherwise for your access to and use of the Services, are non-refundable. For the avoidance of doubt, there will be no refunds of any Platform fees in the event that: (i) your Account is suspended or terminated due to a breach of these Terms; and/or (ii) any Content has been removed in accordance with these Terms;

• You shall make prompt payment of all Platform fees, in full before the due date stipulated by BorderBuys for such payment (where applicable) and in accordance with our payment instructions. In the event of late payment or non-payment of amounts due to BorderBuys, without prejudice to any other rights or remedies available to us, BorderBuys shall be entitled to terminate and/or suspend your listings, your account and/or your access to the Services.

• in the event your Account is suspended or terminated for any reason any amounts due on your Account will immediately become due and payable. BorderBuys reserves the right to immediately charge any amounts you have not previously disputed to the billing method that you are using and shall be entitled to terminate your Account, without prejudice to any other rights or remedies available to us; and

• you are responsible for collecting and paying any taxes associated with using and making sales through the Services. Depending on the tax legislation of your country of residence, goods and services tax or similar consumption tax might apply in addition to your fees. All goods brought into Singapore are subject to Goods & Services Tax (GST). GST is applicable on all items brought into Singapore regardless of whether foreign sales tax was paid for the item overseas, and regardless of whether the traveller has claimed a tax refund for the item abroad. More information is available on https://www.customs.gov.sg/individuals/going-through-customs/arrivals/duty-free-concession-and-gst-relief/

3.2 We reserve the right to change the Platform fees at any time, and will provide users with reasonable notice of any fee changes before they become effective. Such fee changes will not affect any bookings made prior to the effective date of the fee change.

3.3 You are responsible for paying any Platform fees owed to BorderBuys, which, in the case of Platform fees payable by the Buyers, will be added to any product price and its payment made by a Buyer to a Seller, or in the case of Platform fees payable by Seller, it will be deducted from the total payment collected from the Buyer to the Seller.

RESTRICTIONS

4.1 Except as expressly set out in this agreement or as permitted by any local law, you undertake not to:

(a) violate or breach any applicable law or regulation in any relevant jurisdiction in your use of the Platform or the Services;

(b) reproduce, copy, modify, adapt, alter, translate, publish, display, communicate, transmit, sell, exploit or use the whole or any part of any Service, the Platform or any of the contents therein for any commercial or other purposes;

(c) dilute, tarnish or otherwise harm the “BorderBuys” brand in any way, including through registering and/or using “BorderBuys” or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domain names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to BorderBuys’s domains, trademarks, taglines, promotional campaigns;

(d) provide or submit any false or misleading information and/or documents to us, including (but not limited to) false names, date of birth, payment methods, payment details, insurance information or other personal data;

(e) use the Platform or Services to contact users for purposes unrelated to any listing or service via the Platform;

(f) collect, use, disclose any personal data made available to you via the Platform for any purposes unrelated to the buying or selling via the Platform, without obtaining the consent of the owner of such personal data and us;

(g) retain any personal data of users where the purpose for which that personal data was collected is no longer being served by retention of the personal data, or where retention is no longer necessary for legal or business purposes;

(h) distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;

(i) endeavor to circumvent a suspension, termination, or closure of your BorderBuys Account, including, but not limited to, creating a new BorderBuys Account to circumvent an account suspension or closure;

(j) use the Platform to request, make or accept a booking independent of the Platform to circumvent or otherwise avoid incurring Services Fees, or for any other reason; or

(k) request, accept or make payment of any fees for the buying or selling a product listed on the Platform through any means other than the payment services provided via the Platform.

4.2 You agree and acknowledge that any failure to comply with the restrictions set out in this clause 4, the Acceptable Use Policy or any other provisions of this agreement, may result in Borderbuys exercising its rights as set out in clause 1.12.

INTELLECTUAL PROPERTY RIGHTS

5.1 You acknowledge that all intellectual property rights in the Platform anywhere in the world belong to us, that rights in the Platform are licensed (not sold) to you, and that you have no rights in, or to, the Platform other than the right to use them in accordance with the terms of this agreement.

5.2 You acknowledge that you have no right to have access to the Platform in source code form.

5.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded from the Platform in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

5.4 Our status (and that of any identified contributors) as the authors of content on the Platform must always be acknowledged.

5.5 You must not use any part of the content on our Platform for commercial purposes without obtaining a licence to do so from us or our licensors.

5.6 If you print off, copy or download any content on our Platform in breach of these Terms, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

5.7 By uploading or making available any content on or through the Services, or through BorderBuys advertising or promotional campaigns, you grant BorderBuys a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such content to promote or market the Platform and/or the Services or for the purpose of carrying out our obligations in this agreement and any other purpose expressly set out in this agreement or otherwise agreed between us.

5.8 You agree that BorderBuys is the sole and exclusive owner (or exclusive licensee, as the case may be) of all right, title, and interest in all copyrights, trademark rights, and any and all other intellectual property rights, including right of publicity rights, worldwide, in the Images regardless of whether you include them in your listing, and you shall take no action to challenge or object to the validity of such rights or BorderBuys’s ownership or registration thereof. You acknowledge that BorderBuys may use the Images for advertising, marketing, commercial, and other business purposes in any media or platform, whether in relation to your listing or otherwise, without further notice or compensation. Further, you waive any and all rights to royalties or moral rights you may have in the Images.

UPLOADING CONTENT TO OUR PLATFORM

6.1 You irrevocably and unconditionally represent and warrant that any content uploaded by yourself to our Platform complies with our Acceptable Use Policy and the PDPA.

6.2 We have the right to disclose your identity to any third party claiming that any content posted or uploaded by you to our Platform constitutes a violation of their rights under Singapore law.

6.3 We will not be responsible, or liable to any third party, for the content or accuracy of any content or data uploaded by you or any other user of our Platform.

6.4 We have the right to remove any posting you make on our Platform if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.

WARRANTY

7.1 While we make all efforts to maintain the accuracy of the information on the Platform, we provide the Services, Platform and all information, content, materials, products and other services included on or otherwise made available to you through the Services (the “Related Content”) on an “as is” and “as available” basis, unless otherwise specified in writing. We make no representations or warranties of any kind, express or implied, as to the operation of any of the foregoing, unless otherwise specified in writing. You expressly agree that your use of the Services and the Platform is at your sole risk.

7.2 This agreement sets out the full extent of our obligations and liabilities in respect of the supply of the Services and the Platform. Except as expressly stated in this agreement, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the supply of the Services and the Platform which might otherwise be implied into, or incorporated in, this agreement whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law, including, without limitation, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the Services, the Platform, the Related Content, or electronic communications sent by us are free of viruses or other harmful components.

LIMITATION OF LIABILITY

8.1 BorderBuys and our subsidiaries, holding companies or ultimate holding company and any subsidiary of our ultimate holding company (as such terms are defined in the Companies Act (Cap. 50) of Singapore) and our respective directors, officers, employees, agents and representatives, independent contractors, licensees, successors and assigns (collectively, our “Related Parties”) have no liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with this Agreement (including but not limited to the use of, or inability to use, the Services, the Platform or any other website or software) for:

(a) loss of profits, sales, business, or revenue;

(b) business interruption;

(d) loss or corruption of data or information;

(e) cost of substitute products or services from the use of or inability to use the Services;

(f) loss of business opportunity, goodwill or reputation; or

(g) any incidental, special, indirect or consequential loss or damage.

8.2 The total liability of BorderBuys and/or our Related Parties arising out of or in connection with this agreement and/or your use of the Platform and the Services, whether arising by statute, contract, tort or otherwise, will not exceed the lesser of:

(a) the amount of Platform fees you have paid to us in the six (6) month period immediately prior to the event giving rise to any such liability; or

(b) S$200.00.

8.3 Nothing in this agreement shall limit or exclude any party’s liability for:

(a) death or personal injury resulting from negligence.

(b) fraud; and/or

(c) any other matter in respect of which any party is prohibited under applicable law from limiting or excluding liability.

INDEMNITY

You agree to indemnify and hold us and our Related Parties harmless from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable legal fees, resulting from or arising out of your act, default or omission, whether in your use of the Platform, Services and/or any websites or software in relation thereto or otherwise, and whether under this agreement (including our Acceptable Use Policy), any laws or regulations or otherwise.

OTHER IMPORTANT TERMS

10.1 BorderBuys reserves the right, at our sole discretion, to modify these Terms from time to time. While we will use our reasonable endeavours to notify you of any material changes to these Terms, you agree and acknowledge that it shall be your responsibility to review the Terms regularly. By continuing to use the Platform following the effective date of any modifications to these Terms, you shall be deemed to have accepted such modification. If you do not agree to any modifications, you must not use the Platform.

10.2 BorderBuys may, in its sole discretion, round up or down amounts that are payable from or to sellers, buyers or users to the nearest whole functional base unit in which the currency is denominated where permissible under applicable law.

10.3 We may transfer our rights and obligations under this agreement to another organisation, but this will not affect your rights or obligations under this agreement. You may not, without our express consent in writing, transfer any of your rights or obligations under this agreement.

10.4 This Agreement and any document expressly referred to in it constitutes the entire agreement between us regarding their subject matter, and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to that subject matter. You agree that you shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement or any document expressly referred to in it. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement or any document expressly referred to in it.

10.5 If we fail to insist that you perform any of your obligations under this Agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

10.6 Each of the conditions of this agreement operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

10.7 BorderBuys may provide you with a translation of the English language version of these Terms or any Policies. In the event of any inconsistencies or discrepancies between the English language version and any other versions of the Terms and any Policies, the English language version shall prevail.

10.8 This Agreement, its subject matter and its formation, and any other disputes or claims in connection therewith, are governed by Singapore law. In the event of any such disputes or claims in connection with this Agreement, you agree to first engage in good faith discussions with us to resolve such dispute or claim. If such dispute or claim is not resolved within sixty (60) days, the parties irrevocably submit to the exclusive jurisdiction of the courts of Singapore.

SELLING AND BUYING ON BORDERBUYS

In using the Services to create a listing and offer an item for sale, provide service, or seek service to help you purchase products from other users and sellers, you agree to comply with the following:

• All items must comply with these Terms and BorderBuys's policies, which can be found here.

• You must provide a fair, accurate and complete description of each item, including your selling or buying price for the item.

• Each item or offer of services must have its own listing.

• Your listing for an item may only include text, descriptions, graphics, images and other content relevant to the item to provide the highest accuracy . All Content contained in a listing must be true, complete, accurate and not misleading in any manner whatsoever.

• Any links included in your listing leads to your personal or corporate website, or a product page and must not include any links to third party shopping websites.

You acknowledge and agree that BorderBuys has no control over any website other than the BorderBuys website and shall not in any event be responsible or held liable for any expired listing which appears on any website other than the BorderBuys website or any expired listing which is retrieved by any search engine. Without prejudice to the rest of these Terms and BorderBuys’s policies, you warrant, in respect of each buyer/offer to buy opportunity, services and/or item which you offer for sale on the Services (as the case may be), that:

• The item is not dangerous, hazardous or subject to a recall by a government or manufacturer.

• All selection criteria stated in a job listing are clear, objective and relevant and does not refer to age, race, language, gender, marital status and religion, except where it is a Specific Attribute.

• The Content in any listing does not infringe or violate any applicable laws and regulations, the intellectual property rights or proprietary rights of a third party.

All offers made and accepted through the Services are binding.

If you are a seller who has accepted a buyer’s offer for an item: • The item is not counterfeit and does not infringe upon any third party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights. • The sale of the item complies with all laws and regulations which apply to that item. • You are or will be the owner of the item once you purchase it, and the item is not stolen. • You will be requested to upload the prove of purchase, such as a receipt and/or a bank statement. • You will comply to the laws and regulations in the country where the product is/will be purchase and in the country where the buyer is when product is delivered. • The seller is required to upload the original purchase receipt and verify the authenticity of any health-related products, which include, but are not limited to, dietary supplements, optical products, contact lenses, over-the-counter medications, and health aids. In the event of any dispute or damage arising from the use of these products, resolution will be based on the authenticity of the proofs provided by the seller. Should these proofs be found to be falsified, the seller shall bear all legal consequences arising from such misrepresentation.

Per Singapore law, if you are bringing in the following goods, a Customs permit would be required for clearance:

• goods of trade, commercial or business purposes, in which the Goods & Services Tax (GST) payable exceeds $300; or

• goods clearly marked as trade samples (excluding liquor and tobacco products) the value of which exceeds $400.

Check https://www.customs.gov.sg/files/individuals/guide-to-travellers-english-2022.pdf for full version of Singapore Custom Guide for individual travellers. More language versions could be found here: https://www.customs.gov.sg/individuals/going-through-customs/arrivals/guide-for-travellers/.

• You may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the item. However, you must not charge excessive shipping fees or otherwise avoid fees.

• You may not alter the item's price after a sale, or misrepresent the item's location and price. If you are a buyer whose offer for an item has been accepted by a seller, you agree to make prompt payment to the seller for the item plus the Platform fees and other charges when applicated. Notwithstanding the foregoing, where BorderBuys is not involved in a Transaction which is solely between users, BorderBuys cannot ensure that a user (whether as a buyer or seller) would follow through and complete a Transaction.

BUYER & SELLER PROTECTION

Ensuring users of the Services are protected while transacting on the Platform is our top priority. You agree to comply with the following:

• As a Seller, you agree and acknowledge that for the Transaction to be processed, you are required to confirm the deal and schedule a meet up or confirm that the delivery process has started as indicated through the Platform. You agree that unless otherwise stated in our rules, orders can be cancelled up to 6 days after the order has been matched. If you failed to confirm the feasibility of purchase, the buyer may give you the rating accordingly.

• To transact on the Platform and ensure that all communications in relation to any Transaction and issues raised are kept within the Platform. Transactions performed outside of the Platform are not covered, and listings or users soliciting for transactions to happen outside of the Platform are subject to removal without notice.

(a) The buyer sends confirmation to BorderBuys that the buyer has received the item;

(b) The order is dispatched and the buyer has not lodged a dispute within the dispute window through the platform;

(c) BorderBuys or its third party service provider (as may be relevant) has successfully verified the identity of the buyer and seller, and/or any beneficial owner of the buyer and seller’s accounts, as may be required pursuant to applicable laws and regulations;

(d) The seller has selected its default withdrawal method by providing BorderBuys with its bank account and/or PayNow

(e) Such other time as BorderBuys reasonably determines that a distribution of the Buyer’s Purchase Monies minus any return shipping fees, transaction, platform/service and/or administration fees that may be charged by BorderBuys and/or its service providers is appropriate, including, without limitation, where it deems reasonably necessary to comply with applicable law or a court order or to enforce these Terms of Service.

Upon the fulfillment of all the above conditions or as may be waived by BorderBuys, BorderBuys will release the Buyer’s Purchase Monies minus any return shipping fees, transaction, platform service and/or administration fees that may be charged by BorderBuys and/or its service providers held by BorderBuys to the seller.

If BorderBuys determines that the buyer’s application for a return of goods and/or refund is successful, BorderBuys will provide a refund to the buyer.

In the event that an item under Buyer Protection qualifies for a return on the basis that the item received was not as described, the seller shall arrange the return delivery of the product from the buyer and shall be responsible for bearing the cost of the same.

PAYMENT SERVICE

BorderBuys allows a buyer to make payment for purchase of an item listed on the Platform using a credit or debit card the buyer registers with BorderBuys via its payment partner Stripe.

13.1.Payment Services Provider In order to provide the Payment Services, you acknowledge that BorderBuys may integrate the services provided by certain service providers, subcontractors, partners and/or agents (“Payment Service Providers”) into the Platform and that Payment Service Providers provide its payment processing services subject to their respect Additional Terms. In order to use the Payment Services, you agree to comply with such Additional Terms, as the same may be modified by the Payment Service Providers from time to time, and other applicable Additional Terms. Information required for Payment Services: In order to use the Payment Services, you must provide BorderBuys and/or its related corporations with accurate and complete information required for the Payment Services including account information for at least one valid debit or credit card through the Platform. BorderBuys and/or its related corporations use such information as described in the Privacy Policy, and you acknowledge and agree that we may use certain third-party service providers including Stripe to process payments and to manage the account information you have provided to us. You may add, delete, and edit the payment method account information you have provided from time to time directly through the Platform.

By providing the account information for a credit or debit card, you represent and warrant, that: (i) you are legally authorised to provide such information to us; (ii) you are legally authorised to perform payments from the account(s) you have provided to us; and (iii) such action does not violate the terms and conditions applicable to your use of such account(s) or applicable law. When you authorize a payment using any such account(s) via the Platform, you represent and warrant that there are sufficient funds or credit available to complete a payment using such account(s).

By using a particular payment method, you are agreeing to the terms of service of the relevant processing partner and your financial institution. You will bear all fees that may be charged by such processing partners and/or your financial institution (if any) for the selected payment method.

You agree to authorise BorderBuys and/or its related corporations to process the Payment Services on your behalf including but not limited to making, accepting and/or refunding any payments.

SHIPPING SERVICE

Listings allow you:

(i) specify available delivery option(s); and (ii) specify delivery fees for each available delivery option and/or select the applicable delivery. When a buyer places an order for the item, the buyer shall choose an available delivery option specified by the seller and shall be responsible for paying the stipulated delivery fees for such delivery option. The seller is responsible for ensuring all the information (including delivery fees ) specified by the seller using the Shipping Service is correct. The buyer is responsible for ensuring all the information (including address and mobile number) specified by the buyer using the Shipping Service is correct. The seller shall charge only the delivery fees applicable to the delivery method chosen by the buyer in accordance with this section, as stipulated at the time when the buyer places an order.

Sellers are solely responsible for delivering sold items to buyers via the delivery option chosen by the buyer. You acknowledge and agree that BorderBuys has no control over any delivery of the items sold through the Platform, including but not limited to the delivery fees and method specified by sellers.

Buyers are encouraged to choose a tracked and/or registered delivery option as they bear the risk of any lost deliveries in the event of an untracked delivery. In the event of any tracked delivery that does not arrive, a seller may be required to provide valid proof of delivery that allows BorderBuys to verify that the item was dispatched to the address provided by the buyer for the specific order. In any event, BorderBuys is not responsible for any delays, delivery failures, damages, or losses resulting from the Shipping Services.

14.1. Shipping Services Provider

In order to provide the Shipping Services, you acknowledge that BorderBuys may integrate the services provided by certain service providers, subcontractors, partners and/or agents (“Shipping Service Providers”) into the Platform and that Shipping Service Providers provide its shipping and delivery services subject to their respect Additional Terms. In order to use the Shipping Services, you agree to comply with such Additional Terms, as the same may be modified by the Shipping Service Providers from time to time, and other applicable Additional Terms.

Information required for Shipping Services: In order to use the Shipping Services, you must provide BorderBuys, its related corporations and/or its Shipping Service Providers with accurate and complete information required for the Shipping Services including delivery information such as address and mobile number of the recipient. BorderBuys and/or its related corporations use such information as described in the Privacy Policy, and you acknowledge and agree that we may use certain third-party service to process the delivery and shipment of packages and to manage the delivery information you have provided to us. You may add, delete, and edit the delivery information you have provided from time to time directly through the Platform, provided that no amendments may be made with regards to the order in process, once an order has been confirmed.

By providing the delivery information for a shipment, you represent and warrant, that you are legally authorised to provide such information to us. By using a particular delivery method, you are agreeing to the terms of service of the relevant Shipping Service Provider.

Unless otherwise agreed upon between the buyer and the seller, the buyer will bear all fees (“Shipping Service Provider Fees”) that may be charged by such Shipping Service Provider for the selected delivery method. The seller agrees that the Shipping Provider Fees (if any) applicable to each order (as stipulated during the order detail form) shall be deducted from the payment that is due to the seller from the buyer of the same transaction. The Shipping Service Provider and/or BorderBuys is reserves the right to adjust, amend and charge for additional Shipping Service Provider Fees (each, an “Additional Shipping Fee”) in the event of:

(a) any late, incomplete or incorrect information required for the Shipping Services; (b) any breaches of the Additional Terms (as defined below); (c) any breaches of these Terms, in particular, Clause 16; or (d) a variance or discrepancy in the weight indicated and the actual weight of the shipment.

You agree to authorise BorderBuys and/or its related corporations to:

• process the Shipping Services on your behalf including but not limited to making, accepting and/or refunding any payments, in accordance with this Clause 12;

• freeze and hold the monies in your Balance and withdraw a sum from your Balance up to an amount equivalent to the Additional Shipping Fee so as to reimburse a buyer in connection with a Prohibited Transaction without advance notice to you;

• compel you to pay the Additional Shipping Fee in full to the Shipping Service Provider and/or BorderBuys (or its related corporations).

AUTHENTICATION SERVICES

BorderBuys offers the option for its users to get an item listed on the Platform to be authenticate using BorderBuys’s authentiction service (“Authentication Service”). The Authentication Service is available to luxury bags and wallets listed on the Platform which fall under the list of offered brands and are outside of the BorderBuys Certified Program.

In addition, while certain products listed on our Platform may have undergone an authentication process conducted by our service providers, BorderBuys does not warrant the authenticity of any products and any inspection and authentication of the products does not amount to any representation or warranty by BorderBuys, whether express or implied, as to the authenticity or quality of the products.

15.1 Authentication Service Provider

By using BorderBuys’s Authentication Service, you understand and agree that all Authentication Service is provided by BorderBuys’s authentication partner, to be identified, (“Authentication Partner”) and you agree that by using the Authentication Service, you will be subject to their respect Additional Terms. In order to use the Authentication Service, you agree to comply with the Authentication Partner’s terms and conditions to which you must agree to before you may purchase the Authentication Service.

TRANSACTION FEES

You acknowledge and agree that you may be charged card fees, platform service fees, payment processing fees, shipping fees, authentication fees, other fees or charges (collectively, the “Transaction Fees”) by BorderBuys, as follows: Buyer (Payment Fee): If you are a buyer of a transaction, once your order/listing is matched and accepted by the seller, the Transaction Fees applicable to such order (as stipulated during your order process) shall be charged from a credit or debit card account you successfully connect through the Platform.

If you are a seller of a transaction once you accept the order and commence delivery, the Transaction Fees (if any) applicable to such order (as stipulated during your order detail form) shall be deducted from the payment that is due to you from the buyer of the same transaction.

ADDITIONAL TERMS

If you use any of the Payment and Shipping Services and/or purchase a BorderBuys Certified item, you acknowledge that such services shall be subject to or governed by additional terms and conditions of third party service providers, partners, subcontractors and/or agents (“Additional Terms”). You agree to comply with such Additional Terms including the terms and conditions set out in the Stripe Connected Account Agreement (available at: https://stripe.com/sg/connect-account/legal) which may be modified or updated from time to time, and any other Terms and conditions of any other delivery providers you and the counterparty may agree to use that may be referred to or incorporated within such Additional Terms.

DISPUTED TRANSACTIONS

If you and/or an user of our Services files a dispute through the Platform in connection with any Transactions made through platform (each, a “Disputed Transaction”) between you and the user, you agree to comply with the procedures set out in the guidelines and FAQ.

If you and the user are unable to agree or resolve such dispute in accordance with the relevant procedures set out in the BorderBuys Resolution Procedures, you agree that such dispute shall be finally resolved by BorderBuys, which shall be binding and final, subject to any applicable laws and regulations. You agree to comply with BorderBuys’s decisions and instructions in connection with such dispute. You further agree to release BorderBuys and/or its related corporations from any demands, claims, actions, proceedings, suits, liabilities, damages, costs and expenses in connection with or arising out of any of your disputes with users of our Services in connection with the Disputed Transaction.

You acknowledge and agree that BorderBuys and/or its related corporations may, at its sole discretion: (i) freeze and hold the money paid in connection with the Disputed Transaction (“Disputed Money”) unless the dispute is resolved; (ii) return or provide any portion of the Disputed Money to the buyer and/or seller; (iii) require the buyer to return the item bought through the Disputed Transaction (“Disputed Item”) to the seller; (iv) require the seller to refund the Disputed Money to BorderBuys (or its related corporations) or the buyer; and/or (v) require the seller to exchange the Disputed Item with a replacement for the buyer. You agree to comply with all BorderBuys instructions in accordance with this Clause.

In the event of a Disputed Transaction which involves an investigation by the police or other government or regulatory authority, subject to (i) any laws, rules, regulations or any binding order or direction of governmental and other regulatory authorities or the courts in any relevant jurisdiction, and/or (ii) any claims made by any third party relating to the Disputed Money, BorderBuys may, at its sole discretion: (a) freeze and hold the relevant Disputed Money for a minimum of one year (unless the dispute is resolved); and (b) thereafter, return or provide any portion of the Disputed Money to the buyer and/or seller at BorderBuys reasonable discretion.