display product or service listings you create (“Product or Service Listings”) on the Treatsbay.com. If you
implement or have previously implemented any Vendor Tools (as defined in
our www.treatsbay.com/vendor ), you
acknowledge that these Program Terms apply in connection with the e-Shopper
Commerce Features, including for optimization on e-Shopper Commerce Features
such as Treatsbay Marketplace feature.
Product and Services Listings must comply with our Commerce Policies and
applicable law. You must not use the e-Shopper/Vendor Commerce Features in
connection with any Product and Services Listings directed or fulfilled for
activities, individuals or entities that are located in a country or region
that is subject to comprehensive U.S. sanctions law or that would otherwise
violate applicable U.S. or non-U.S. trade sanctions laws.
solely responsible for the contents of your Product and Services Listings
(including description, price, fees, tax that you calculate, any required legal
disclosures, and any offers or promotional content).
responsible for displaying any sales, privacy, or other terms that you want to
apply to your interactions with Users. Any such terms do not bind us and must
not conflict with the Program Terms and our other applicable terms and
us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide
license to host, use, distribute, modify, run, copy, publicly perform or
display, translate, and create derivative works of
any data, content, and other information provided by you or accessed by us in
connection with the e-Shopper/Vendor Commerce Features (collectively, “Product & Services Content”),
including photos, videos, and Product or Service Listing content, in connection
with the Treatsbay Products or Services.
we provide in connection with e-Shopper/Vendor Commerce Features, including
tools to allow you to view information about past transactions or to calculate
default shipping rate, tax rate, or other data, are provided as a convenience
only and you use them at your sole discretion and risk. The following terms
also apply to any tool we provide that allows you to calculate tax rates (“Tax Calculation Tool”):
provide no representation, warranty, guarantee, or advice, and we disclaim any
responsibility to verify, the following: (a) the accuracy of the tax rules or
methodology in the Tax Calculation Tool, (b) the application of taxes to your
products or of the tax jurisdiction assignment functionality tax rates of
applicable taxes, including but not limited to sales and use tax, goods and
services tax (GST), value added tax (VAT) and other applicable taxes (“Applicable Taxes”), and (c) whether or
not the amounts we collect on your behalf satisfy your obligations to collect
Applicable Taxes. You are responsible for reviewing and determining the correct
calculation settings, including your obligation to collect Applicable Taxes,
tax nexus, product tax code assignments, and all related information for your
products. The calculation of Applicable Taxes is based on your calculation
settings and information you provide to Facebook for the jurisdiction(s) where
you have an obligation to calculate, collect and remit Applicable Taxes.
for sales shipped or delivered to jurisdictions where we are required to
collect and remit Applicable Taxes on your behalf (“Marketplace Facilitator Jurisdictions”), any amounts collected and
remitted using the Tax Calculation Tool will be remitted to you.
Calculation Tool is limited to the calculation of Applicable Taxes and does not
calculate or collect any product-based excise taxes or any fees or surcharges.
The Tax Calculation Tool calculates tax based the entire amount of the
transaction (including sale price, shipping fees and any other charges subject
to tax). You are responsible to calculate your own tax if applicable and insert
into the e-Shopper or Vendor Commerce Tools Provided in
maintain documentation of all relevant tax information, including records of
paying all taxes to the appropriate tax authorities. You represent that the tax
registration number and all other information you provide to us are accurate
and current, and you will immediately update any such information in case of
changes. We reserve the right to confirm the validity of your seller account
information (including your tax registration number) and request additional
information from you or government authorities as permitted by law. You agree
to provide information to us upon request in the time prescribed.
otherwise provided in these Program Terms, you agree that we are not obligated
to determine whether taxes apply, and we are not responsible to collect,
report, or remit any taxes arising from any transaction. If a
taxing authority requires us to pay any of your taxes, you will promptly
reimburse us for the amounts paid on your behalf or resulting from your sales
in the jurisdiction.
not responsible for managing, paying for, or fulfilling any sales that result
from your Product or Services Listings.
only use Service Providers in connection with the Merchant Commerce Features if
they act on your behalf and are bound by an agreement to protect Transaction
Data at least as much as is required under these Program Terms. A breach of
these Program Terms by any of your Service Providers will be deemed a breach by
you. “Service Providers” means
anyone who directly or indirectly provides services to you or to third parties
on your behalf .
only use any User’s data, content, or other information you receive from
Treatsbay in connection with your use of the Merchant Commerce Features (“Transaction Data”) as follows: (a) in
accordance with our terms and policies, including, as applicable, our Pages
Terms and our Treatsbay Platform Policies, (b) to support the transaction(s)
arising from the User’s use of the Merchant Commerce Features, and (c) in
accordance with any other consent you have received from the User. If the
consent you received from a User conflicts with the Program Terms, then the
Program Terms will control. Subject to Section 8, you may not share Transaction
Data anyone except Service Providers, or as required to comply with applicable
law. Transaction Data includes data received through any Merchant Commerce
Features that we may in our discretion provide to facilitate your communication
with Users (“Communication Tools”).
You may not use
Transaction Data for marketing purposes unless the applicable User has provided
prior express consent using a feature that we may in our discretion make
available for Users to provide such consent. You may not in any circumstances
use the Communication Tools for marketing purposes.
The following terms apply
if you use a Merchant Commerce Feature that allows Users to initiate payments
comply with our technical documentation with respect to any such Merchant
payments will be processed by a third-party payment processor with whom you
have a direct relationship, in accordance with their terms of service, and not
solely responsible for determining, collecting, withholding, reporting, and
remitting Applicable Taxes, duties, fees, surcharges and additional charges for
sales that result from your Product Listings. For sales shipped or delivered to
Marketplace Facilitator Jurisdictions where we are required to collect and
remit Applicable Taxes on your behalf, we will automatically calculate,
collect, and remit Applicable Taxes to the Marketplace Facilitator
Jurisdictions on your behalf in accordance with applicable law. Except as
provided in Section 12, below, any fees, commissions or other amounts payable
to us are exclusive of any Applicable Taxes, and to the extent taxes are
required to be collected or withheld, you will pay such taxes in addition to
the amounts otherwise payable. You are also solely responsible for all
Applicable Taxes on any payments to you in connection with incentive programs
offered by us.
have opened an account with a payment processor via a Treatsbay Product or
Services or linked your existing payment processor account to a Treatsbay
Product or Service:
expressly provided in the Merchant Policies, you are solely liable for any
refunds issued on your behalf and any chargebacks in connection with the
Merchant Commerce Features. You authorize us to access, use, and interact with
your payment processor about the Merchant Commerce Features on your behalf,
including with respect to authorizations, captures, refunds, cancellations, and
the execution and monitoring of activity related to Product Transactions. You
also authorize us to receive data from your payment processor to allow us to
determine chargeback rates and refund rates for all of your transactions.
transaction may be refunded or cancelled if we believe it violates these
Program Terms, the Purchase Term Policies, the Merchant Policies, or our Term
of Service Policies ("Terms"),
or if we believe cancellation may prevent financial loss. Other actions that
may be taken on your account include, as permitted by applicable law: placing a
delay on a payment for a period of time, limiting payment methods for a
transaction, limiting your ability to make a sale, or deactivating your
have not opened an account with a payment processor via a Treatsbay Product or
service or linked your existing payment processor account to a Treatsbay
Product or Service:
receive tokenized payment from Cashback, Cash Voucher, Free Voucher Point,
Wallet, Earn Voucher Points, Coupon and others payment credentials for each transaction.
You may only use those tokenized payment credentials for the transaction for
which you received them .
transactions completed with these tokenized payment credentials, the consumer
maintains all rights under applicable law and network rules with respect to
chargebacks and other disputes related to those transactions. In the event of a
dispute, (A) our token solution provider ("TSP") has the right to initiate a chargeback; and (B) you have
the same rights and responsibilities with respect to a chargeback initiated
by the TSP as you would with respect to any other chargeback.
If you use your Page to
sign up to our merchant commerce platform (a Merchant Commerce Feature) by
opening an account with one or more third party payment processors via the
Treatsbay Products or Services on or after July 1, 2019, then the following
terms apply to all of your Page’s sales from Product and Service Listings where
a user can pay for the item without leaving the Treatsbay Products and
Services. However, Sections 12(a), (b), and (e) do not apply to the extent you
use the Merchant Commerce Features in Thailand.
sales are subject to our Purchase Protection Policy and Merchant Policies.
to the terms of service of the payment processor(s) we have selected, which
currently include the terms of Stripe, Paypal or any payment gateway that we
have selected. When you agree to these Program Terms, we also accept your
agreement to the terms of the payment processor(s) on their behalf. We do not
act as an agent of the payment processor(s) in any other way .
acknowledge that the payment processor(s) we selected will process all payments
for such sales, according to their respective terms of service.
reserve the right to add or change payment processors from time to time
without notify you of any new payment
processors and add their terms of service to these Program Terms, and your
continued use of the Merchant Commerce Features upon receipt of such notice
constitutes acceptance of such addition or change as well as your acceptance of
their terms of service pursuant to Section 12(b). You acknowledge that we may
share the information you provided when you signed up to our merchant commerce
platform with any payment processors we select, solely for the purpose of
enabling them to provide you with payment processing services to support the
Merchant Commerce Features that you use.
a fee of 15% per transaction ("Selling
Fee"). The Selling Fee will be calculated based on the entire amount
of the transaction (including sale price exclude any shipping fees and
Applicable Taxes).which will be waived upon successful representment provided
that you are compliant with these Program Terms and all applicable laws and
policies. All fees include Applicable Taxes, but do not include any taxes that
you may be responsible for paying based upon payments received for your Product
and Service Listings. All fees are non-refundable except as provided in the
authorize the payment processor(s) we select to electronically debit the bank
account you provided us for chargebacks or other fees, fines, penalties,
negative balances or other amounts owed to the payment processor or to us under
these Program Terms, and, if necessary, to electronically credit your account
to correct erroneous debits. This authorization will remain in effect while you
have a Shop tab associated with your Page. If you delete your shop tab or your
Treatsbay account, the authorization will remain in effect for another 60 days
before expiring. You represent and warrant to us that the bank account you
provided is a business deposit account and that such account is not used for
any personal, family, or household purposes. You understand and agree that the
initiation and transmission of each debit and credit will be subject to, and
made in accordance with, applicable law and the operating rules of the relevant
bank clearing system .
debit authorized under this Section fails, we may take additional steps to
collect past due amounts. You will pay all expenses associated with such
The Merchant Commerce Features are part of the
“ Treatsbay Products and Services”
under the the terms and the Terms continue to apply to your use of the Merchant
Commerce Features. Without limiting the foregoing, you agree that the
provisions in the section titled “Disputes” in the Terms apply to these Program
Terms, your use of the Merchant Commerce Features, and your interaction with
users of the Treatsbay Products and Services. To the extent you use other
Facebook Products and Services, these Program Terms are part of any terms that
apply to your use of those Treatsbay Products Services, and those other terms
continue to apply. In the event of a conflict between these Program Terms and
any other terms, the Program Terms shall govern solely with respect to your use
of the Merchant Commerce Features to the extent of the conflict. We may change
or update these Program Terms at any time without notice as we deem necessary
to the full extent permitted by law, and your continued use of the Merchant
Commerce Features constitutes acceptance of those changes. These Program Terms
will terminate in the event of any termination of the Terms, but the following
provisions will still apply: the lead-in paragraph, Sections 5-10, 12.a, 12.b,
12.e-g, and this paragraph.