Policies
1. INTRODUCTION
1.1. Welcome to the MetaGate E-commerce Trading Platform through its website interface ("MetaGate Page" or "MetaGate Platform"). Before using the MetaGate Page or creating a MetaGate account ("Account"), please carefully read the Terms of Service below and the MetaGate E-commerce Trading Platform's Operational Regulations to understand your legal rights and obligations with MetaGate and its affiliated and subsidiary companies (hereinafter referred to individually as "MetaGate" and collectively as "we," "our"). The "Services" we provide or make available include (a) the MetaGate Page, (b) services provided by the MetaGate Page and by MetaGate 's customer software available on the MetaGate Page, and (c) all information, links, features, data, text, images, graphics, software, or other materials available on the MetaGate Page or related services ("Content"). Any new features added or expanded to the Services will fall within the scope of these Terms of Service. These Terms of Service govern your use of the Services provided by MetaGate.
1.2. The Services include an online marketplace service connecting consumers to create business opportunities between buyers ("Buyers") and sellers ("Sellers") (collectively referred to as "you," "Users," or "Parties"). A sales contract is directly between the Buyer and Seller. The Parties involved in the transaction are responsible for the sales contract between them, listing products, providing warranties, and similar matters. MetaGate does not interfere with transactions between Users. MetaGate may or may not pre-screen Users or Content provided by Users. MetaGate reserves the right to remove any Content or information on the MetaGate Page as outlined in Section 6.4 below. MetaGate does not guarantee that Users will complete transactions. Please note that MetaGate acts as an intermediary managing the product status, transactions between Buyers and Sellers, and the shipping process unless the Buyer and Seller explicitly express their desire to transact independently.
1.3. Before becoming a User of the MetaGate Page, you need to read and accept all terms and conditions outlined in these Terms of Service and referenced policies, including MetaGate's community standards and Privacy Policy.
1.4. MetaGate reserves the right to change, modify, suspend, or terminate all or any part of the MetaGate Page or Services at any time under applicable laws. The trial version of the Services or features may not be identical to the final version.
1.5. MetaGate reserves the right to refuse your Account registration or access to the MetaGate Page or Services, as required by law and these Terms of Service.
BY USING THE SERVICES OR CREATING AN ACCOUNT ON METAGATE, YOU ACCEPT AND AGREE TO THESE TERMS OF SERVICE AND ANY ADDITIONAL POLICIES REFERENCED HEREIN.
IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT USE THE SERVICES OR ACCESS THE METAGATE PAGE. IF YOU ARE A MINOR OR HAVE LIMITED CIVIL CAPACITY UNDER YOUR COUNTRY'S LAWS, YOU MUST OBTAIN SUPPORT OR CONSENT FROM YOUR PARENT OR LEGAL GUARDIAN, AS APPLICABLE, TO CREATE AN ACCOUNT OR USE THE SERVICES.
2. PRIVACY RIGHTS
2.1. MetaGate values the security of your information. To protect user rights, MetaGate provides a Privacy Policy detailing our security measures. These Terms of Service are closely linked to the Privacy Policy. By using the Services or providing information on the MetaGate Page, Users:
a. Allow MetaGate to collect, use, disclose, and/or process your Content, personal data, and User Information as outlined in the Privacy Policy;
b. Agree and acknowledge that the information provided on the MetaGate Page will be jointly owned by you and MetaGate;
c. Will not, directly or indirectly, disclose User Information to any third party or allow any third party to access or use your User Information in any manner.
2.2. If a User possesses another User's data through the use of Services ("Recipient"), the Recipient agrees to
(i) Comply with all legal provisions regarding personal data protection;
(ii) Allow the User who owns the personal data ("Disclosing Party") to request deletion of their information from the Recipient's database;
(iii) Allow the Disclosing Party to review their collected information, as required by applicable laws.
3. LIMITATION OF LIABILITY
3.1. MetaGate grants Users appropriate rights to access and use the Services under these Terms of Service. All Content, trademarks, service marks, trade names, logos, and other proprietary intellectual property displayed on the MetaGate Page belong to MetaGate or third-party owners (if applicable). No party accessing the MetaGate Page is granted the right or license to use or copy any intellectual property nor to claim any rights, ownership, or interest in such intellectual property. By using the Services, you agree to comply with copyright, trademark, service mark, and any other legal regulations protecting the Services, the MetaGate Page, and its Content.
3.2. MetaGate allows linking from User websites to the MetaGate Page, provided that the User website does not imply endorsement or affiliation with MetaGate.
4. SOFTWARE
Any software provided by MetaGate to Users is subject to these Terms of Service. MetaGate reserves all rights to the software not expressly granted by these Terms. Any scripts or codes linked to or referenced from the Services are licensed to you by the third-party owners of such scripts or codes, not by MetaGate.
5. ACCOUNT AND SECURITY
5.1. Some service features require account registration, such as choosing a unique username ("Username") and password, along with providing truthful and accurate personal information. Your Account may be used to access other products, websites, or services authorized, affiliated, or partnered with MetaGate. MetaGate does not verify and is not responsible for any content, features, security, services, privacy policies, or practices of these other products, websites, or services.
5.2. You agree to: (a) Keep your password confidential and use your Username and password only for logging in; (b)Log out after each session on the MetaGate Page; (c) Immediately notify MetaGate if you detect any unauthorized use of your Account, Username, or password. You are responsible for all activities under your Username and Account, including losses or damages arising from unauthorized use.
5.3. MetaGate reserves the right to delete User Accounts and Usernames, and remove or cancel related Content on the MetaGate Page for any reason, including:/p>
(a) Inactivity for a specified period;
(b) Violation of these Terms, policies, or community standards;
(c) Illegal, fraudulent, harassing, infringing, threatening, or abusive behavior;
(d) Multiple user accounts;
(e) Purchasing for business purposes;
(f) Abusing promotional codes or benefits;
(g) Harming other Users, third parties, or MetaGate's economic interests;
(h) Using false or fraudulent information during registration;
(i) Buying, selling, renting, lending, or registering Accounts on behalf of others;
5.4. Unauthorized use may be reported to the authorities by the law.
6. TERMS OF USE
6.1. The right to use the MetaGate Page and Services remains valid until terminated. Your usage rights may be revoked if you violate any provisions in these Terms of Service. MetaGate may terminate your access without prior notice.
6.2. Users may not:
(a) Upload, post, or transmit unlawful, harmful, threatening, abusive, defamatory, or otherwise objectionable Content;
(b) Infringe laws, third-party rights, or MetaGate ’s policies;
(c) Impersonate individuals or organizations;
(d) Use automated systems to access MetaGate without authorization;
(e) Engage in fraudulent, misleading, or deceptive activities;
(f) Modify or interfere with MetaGate's rating and feedback system;
(g) Cause, accept, or authorize the modification, creation of derivative works, or adaptation of the Service without MetaGate 's explicit permission;
(h) Use the Service for the benefit of any third party or engage in any conduct not permitted under these Terms of Service;
(i) Use the Service or post Content for fraudulent, unreasonable, wrongful, misleading, or deceptive purposes;
(j) Open and/or operate multiple user accounts related to any act that violates the terms or spirit of these Terms of Service or MetaGate ’s regulations and policies at any given time;
(k) Access the MetaGate Site, open an account, or otherwise access your user account through any unauthorized or unapproved software or hardware provided by MetaGate, including emulation software, emulation devices, automation software, device information-altering software, or any other software, device, or hardware intended to commit fraud, abuse MetaGate's policies, or perform similar functions;
(l) Modify the price of any product or interfere with the product listings of other Users;
(m) Engage in any activity that manipulates MetaGate’s review or feedback system;
(n) Attempt to decompile, reverse engineer, disassemble, or hack the Service (or any of its components), or remove or bypass any encryption technology or security measures applied by MetaGate to the Services and/or data transmitted, processed, or stored by MetaGate;
(o) Exploit or collect any information related to other Users' Accounts, including any activity data or personal data;
(p) Upload, email, post, transmit, or otherwise make public any Content that you are not authorized to disclose under any law, contract, or fiduciary relationship (such as internal information, proprietary and confidential information obtained or disclosed as part of employment relationships or under non-disclosure agreements);
(q) Upload, email, post, transmit, or otherwise make public any Content that infringes on any patents, trademarks, trade secrets, copyrights, or any proprietary rights of any party;
(r) Upload, email, post, transmit, or otherwise make public any unauthorized or unlawful advertisements, promotional materials, "harassment emails," "spam," "chain letters," or any other unauthorized solicitation forms;
(s) Upload, email, post, transmit, or otherwise make public any material containing viruses, worms, trojans, or any other codes, files, or computer programs designed to directly or indirectly disrupt, control, interrupt, damage, or limit the functionality or integrity of any software, hardware, data, or telecommunication equipment;
(t) Disrupt normal interaction flows, speed up screen "scrolling" beyond what other Users can manage within the Service, or otherwise engage in activities negatively affecting other Users' ability to conduct real transactions;
(u) Interfere with, manipulate, or disrupt the Service, servers, or systems connected to the Service, or hinder other Users' usage and experience of the Service, or fail to comply with any requirements, procedures, policies, and regulations regarding the systems linked to the MetaGate Site;
(v) Engage in any act or behavior that may directly or indirectly destroy, disable, overload, or impair the Service or servers or systems connected to the Service;
(w) Use the Service to intentionally or unintentionally violate local, federal, national, or international laws, regulations, rules, directives, or policies (whether effective or not), including those related to anti-money laundering or counter-terrorism;
(x) Use the Service to violate or circumvent any sanctions or embargoes imposed or enforced by relevant authorities;
(y) Use the Service to infringe on another person's privacy, engage in "stalking," or otherwise harass others;
(z) Infringe upon MetaGate's rights, including intellectual property rights, or create confusion regarding such rights;
(aa) Use the Service to collect or store the personal data of other Users in connection withthe prohibited activities mentioned above.
6.3. User Responsibilities for Content:
Users understand that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who created the Content. This means that you, not MetaGate, are entirely responsible for the Content you upload, post, email, transmit, or otherwise make public on the MetaGate Site. Users acknowledge that by using the MetaGate Site, they may encounter Content that they find objectionable, inappropriate, or unsuitable. MetaGate is not responsible for the Content, including any errors or omissions in the Content or any loss or damage arising from the use of or reliance on any Content posted, emailed, transmitted, or otherwise made public on the MetaGate Site.
6.4. Content Removal and Communication Restrictions Users acknowledge that MetaGate and its designated entities have full authority (but no obligation) to screen, reject, delete, halt, suspend, remove, or relocate any Content available on the MetaGate Site, including any Content or information you have posted. MetaGate reserves the right to remove Content in the following cases: (i) Violation of these Terms of Service;(ii)If MetaGate receives a legally valid complaint from another User;(iii) If MetaGate receives a valid notification of intellectual property;(iv) Other reasons as prescribed by law.MetaGate also reserves the right to block communications (including status updates, postings, transmissions, and/or chats) regarding or related to the Service as part of its efforts to protect the Service or MetaGate Users or otherwise enforce the terms of these Terms of Service. Users agree that they must assess and bear all risks associated with using any Content, including relying on the accuracy, completeness, or usefulness of such Content. Users acknowledge that they are not and, to the maximum extent permitted by law, do not need to rely on any Content created by or submitted to MetaGate, including information on MetaGate Forums or other parts of the MetaGate Site.
6.5. Users agree and acknowledge that MetaGate may access, maintain, and disclose their Account information, Content, and any materials or information they provide to MetaGate when required by law or by court order, government agency, or competent authority. This includes cases where MetaGate is required to:
(a) Comply with legal processes;
(b) Enforce these Terms of Service;
(c) Respond to complaints about Content that violates third-party rights;
(d) Address User requests related to customer service; or
(e) Protect the rights, property, or safety of MetaGate, Users, and/or the community.
7. VIOLATIONS OF TERMS OF SERVICE
7.1. Violating these Terms of Service may result in one or more of the following actions:
(a) Removal of product listings
(b) Restriction of Account usage;
(c) Suspension and termination of the Account;
(d) Recovery of fraudulent gains, including related costs such as order shipping fees, payment fees, etc.;
(e) Criminal charges;
(f) Civil measures, including claims for damages and/or emergency temporary measures;
(g) Other actions or sanctions by MetaGate's Community Standards, Operational Regulations, or Policies.
7.2. If you discover any User on the MetaGate Site violating these Terms of Service, please contact MetaGate at MetaGate.com
8. FEEDBACK
MetaGate welcomes information and feedback from Users to help improve the quality of its Services. Please refer to MetaGate's feedback process below:
(i) Feedback must be submitted in writing via email or through the available feedback form in the application.
(ii) Anonymous feedback will not be accepted.
(iii) The User involved in the feedback will be fully informed and allowed to improve the situation.
(iv) Unclear or defamatory feedback will not be accepted.
9. DISCLAIMER
9.1. The Service is provided "as is" without any warranties, claims, or representations from MetaGate regarding any content expressed, implied, or required by law. This includes but is not limited to warranties of quality, performance, non-infringement, merchantability, or fitness for a particular purpose.
9.2. Users acknowledge that all risks arising from using or operating the MetaGate Site and/or Service will be borne solely by the Users to the maximum extent permitted by law.
9.3. MetaGate does not control, guarantee, or assume responsibility for:
(a) The suitability, existence, quality, safety, or legality of products available on the MetaGate platform; or
(b) The ability of Sellers to sell products or the ability of Buyers to purchase and pay for products.
If a dispute arises between one or more Users, these Users agree to resolve the dispute directly among themselves and release MetaGate and its affiliated companies from any claims, demands, or losses arising from or related to such disputes.
10. EXCLUSIONS AND LIMITATIONS OF LIABILITY
10.1. METAGATE SHALL NOT BE LIABLE under contract, tort, statutory law, equitable rights, regulations, or any other legal theory for:
(i) (A) Loss of use; (B) Loss of profits; (C) Loss of revenue; (D) Loss of data; (E) Loss of goodwill; or (F) Failure to implement any emergency
(ii) Any indirect, incidental, special, or consequential damages (including but not limited to data loss, service interruptions, computer, phone, or mobile device failures) arising from or related to the use of the MetaGate platform or services, even if MetaGate has been advised of the possibility of such damages or was otherwise expected to be aware of such liability.
10.2. If you are not satisfied with the Service, you have the right to request to terminate your account and/or stop using the Service.
11. USER CONTRIBUTIONS TO THE SERVICE
11.1. By submitting any Content to MetaGate, you affirm and warrant that you have all necessary rights and/or approvals to grant the following rights to MetaGate. You acknowledge and agree that you are solely responsible for any Content you post or make available through the Service, including its accuracy, reliability, originality, clarity of rights, legal compliance, and any legal restrictions related to the contributed Content.Users hereby grant MetaGate and its successors a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, copy, distribute, republish, transmit, modify, edit, create derivative works from, publicly display, and perform the contributed Content in connection with the Service through any media and communication channels, including for promotional or redistribution purposes. This right remains in effect until you or MetaGate remove the contributed Content from the Service. You acknowledge that your contribution may be transferred across different systems and modified to comply with technical requirements.
11.2. Any Content, material, information, or ideas that Users post on or through the Service, or otherwise submit to MetaGate (each, a "Submitted Content"), will not be treated as confidential by MetaGate and may be disseminated or used by MetaGate or its affiliates without compensation or liability to Users for any purpose, including product development, production, and marketing. By submitting Content to MetaGate, you acknowledge and agree that MetaGate and/or third parties may independently develop software, applications, interfaces, products, modifications, and updates that are identical or similar to the concepts presented in your Submitted Content in terms of function, code, or characteristics. Therefore, you hereby grant MetaGate and its successors a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, copy, distribute, republish, transmit, modify, edit, create derivative works from, publicly display, and perform the Submitted Content in connection with or through any media and communication channels, including for promotional or redistribution purposes.This clause does not apply to personal data covered under MetaGate's privacy policy unless you publicly share such information on or through the Service.
12. USER REPRESENTATIONS AND WARRANTIES
Users represent and warrant that:
(a) They have the legal capacity (and in the case of minors, valid consent from a parent or legal guardian), rights, and authority to enter into these Terms of Service and to comply with all provisions hereof; and
(b) They will use the Service only for lawful purposes and in accordance with these Terms of Service and all applicable laws, rules, regulations, directives, guidelines, policies, and regulations.
13. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless MetaGate, its shareholders, subsidiaries, affiliates, directors, officers, agents, co-brand owners or partners, and employees (collectively, the "Indemnified Parties") from any claims, actions, legal proceedings, and suits, as well as liabilities, losses, settlements, fines, penalties, costs, and expenses (including dispute resolution costs) incurred by the Indemnified Parties arising from:
(a) Transactions conducted on the MetaGate platform or related disputes (except where MetaGate or its affiliates are the Seller in the transaction under dispute);
(b) MetaGate's Buyer Protection Policy;
(c) The organization, operation, administration, and/or management of the Service by or on behalf of MetaGate;
(d) Violations or non-compliance with any provision of these Terms of Service or any referenced policies or guidelines;
(e) Your use or misuse of the Service;
(f) Your violation of any laws or third-party rights; or
(g) Any Content posted by the User.
14. SEVERABILITY
If any provision of these Terms of Service is found to be unlawful, invalid, or unenforceable for any reason under applicable law, that provision shall be severed from these Terms and Conditions and shall not affect the validity or enforceability of any remaining provisions, nor shall it affect the validity or enforceability of the provision in question as interpreted under applicable law.
15. GOVERNING LAW
These Terms of Service shall be governed by and interpreted in accordance with the laws of Vietnam. Any disputes, controversies, claims, or disagreements of any kind arising from or relating to these Terms of Service against or related to MetaGate or any of the Indemnified Parties subject to these Terms of Service shall be resolved by the Vietnam International Arbitration Center (VIAC). The arbitration proceedings shall be conducted in Vietnamese.
16. GENERAL PROVISIONS
16.1. MetaGate reserves the right to amend or modify these Terms of Service at any time by posting the revised Terms on the MetaGate Site. Continued use of the MetaGate Site after changes have been posted constitutes acceptance of the revised Terms of Service. If the User does not agree with the changes, they should discontinue using the Service or accessing the MetaGate Site.
16.2. Users may not assign, sublicense, or transfer any rights or obligations granted to them under these Terms.
16.3. Nothing in these Terms of Service shall create any partnership, joint venture, or agency relationship between you and MetaGate.
16.4. At any time, if MetaGate fails to enforce any provision of these Terms, such failure shall not affect MetaGate's rights to enforce such provisions at a later time, unless such rights have been expressly waived in writing.
16.5. These Terms of Service are for the benefit of MetaGate and its Users only and not for the benefit of any third party, except for MetaGate's affiliates and subsidiaries (including their successors or assignees).
16.6. The provisions in these Terms of Service and any agreements and policies incorporated or referenced herein constitute the entire agreement and understanding between the parties regarding the Service and the MetaGate Site. These replace any prior agreements or understandings related to the subject matter.By entering into this agreement, the parties have not relied on any statements, representations, warranties, understandings, commitments, promises, or assurances except those expressly stated in these Terms of Service. These Terms shall not be contradicted, interpreted, or supplemented with evidence of prior agreements, oral understandings, or any additional consistent terms.
16.7. You agree to comply with all applicable anti-corruption and anti-bribery laws.
16.8. If you have any questions or concerns regarding these Terms of Service or any related matters, please contact MetaGate.com.