Terms and Conditions

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The following describes the terms on which MyBenta.com offers you access to its services.

Introduction
Welcome to MyBenta.com.
By using the services provided by MyBenta.com in both its domains and sub-domains, you agree to the terms and conditions provided in this User Agreement. In addition, when using MyBenta.com services you agree to adhere to any posted guidelines which may be updated periodically. If you have any questions, please contact us.

Prior to becoming a member of MyBenta.com, you must read and accept all of the terms and conditions in this User Agreement.

These agreements are effective as of November 23, 2013.

Seller/Buyer Commitment
Sellers/buyers attest that their practices conform to the criteria set forth in MyBenta.com standards.

Conduct
Whenever using MyBenta.com, you will not:

Use our services if you are under the age of 18, not able to form legally binding contracts, or are suspended from MyBenta.com; post items or content in an improper category or area on MyBenta.com; fail to deliver product purchased from you on the date specified, unless an alternate agreement has been reached and documented in writing with the buyer; failure to deliver payment for items purchased by you, unless the seller has agreed in writing to a price alteration, or a clear typographical mistake has been made; evade or manipulate our payment structure, the billing process, or fees owed to MyBenta.com; post false, inaccurate, misleading, defamatory, or libelous content (including personal information); compromise, transfer, or share your MyBenta.com account (including feedback), Login or password to another party without our consent; violate any laws, third party rights, or our policies; interfere with other users' listings; take any action that may manipulate or undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of MyBenta.com or for using it for purposes unrelated to MyBenta.com); distribute or post spam, chain letters, or pyramid schemes; distribute viruses or any other technologies that may harm MyBenta.com, or the interests or property of MyBenta.com users; copy, modify, or distribute content from MyBenta.com and MyBenta.com's copyrights; or gather information about users without their consent. MyBenta.com and its members work together to keep MyBenta.com and MyBenta.com user community safe. Please report problems, offensive content, and policy violations to us.

If we believe a user is not complying with the terms and conditions in this User Agreement, poses a legal liability, creates problems, or acts inconsistently with the letter or spirit of our policies, we reserve the right to terminate or suspend service, prohibit MyBenta.com access, remove postings, and take technical and legal steps to prohibit access.

Prohibited and Restricted Items - Overview
Before you list your item, you need to find out if your item is allowed on MyBenta.com and if the type of item is subject to certain restrictions to avoid potential issues with your listing. As a MyBenta.com seller, you are ultimately responsible for making sure that selling an item is legal in the eyes of the law.

Violations of these policies may result in a range of actions, including:

When policy violations occur, MyBenta.com may automatically delete user accounts, ads or images without prior notice. You may contact MyBenta.com to report violations by using "Contact Us" links found on most policy pages.

It is the responsibility of both seller and buyer to be aware of and compliant with these laws.

Understanding the rules about prohibited and restricted items

Rules for Listings
To promote a safe, fair, and enjoyable online selling/shopping experience, MyBenta.com has established a set of rules and policies for item listings. These restrictions involve how certain items are described, and practices that would provide an unfair advantage or result in a negative buyer experience.

Learning about MyBenta.com listing policies before you list an item will help you to avoid unintentionally breaking rules.

Violations of these policies may result in a range of actions, including:

When policy violations occur, MyBenta.com may automatically delete user accounts, ads or images without prior notice.

Any policy violations can be reported to MyBenta.com using the Contact Us page.

Listings must not misrepresent items
Sellers need to make sure that their listings accurately represent the item being sold. When sellers use unfair methods to divert buyers to their listing, it is called search and browse manipulation.
Except as noted in the specific policy as exceptions, sellers cannot:

Product Origin
All products listed on MyBenta.com must identify their point of origin.

Misrepresentation or omission of the Product Origin is called false labeling.

Products must meet the assurances provided in MyBenta.com’s Statement of Standards.

Except as noted in the specific policy as exceptions, sellers cannot:

Except as noted in the specific policy as exceptions, sellers cannot:

Proprietary Rights
MyBenta.com is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through MyBenta.com is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of MyBenta.com or the collective work, and/or copying or reproducing content displayed on or through MyBenta.com to any other server or location for further reproduction or redistribution is prohibited without the express written consent of MyBenta.com. You further agree not to reproduce, duplicate or copy such content without the express written consent of MyBenta.com, and agree to abide by any and all copyright notices displayed on MyBenta.com. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the MyBenta.com service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the MyBenta.com service. When you give MyBenta.com content, you grant MyBenta.com a non-exclusive, world-wide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, trademark, publicity and database rights (but no other rights) you have in the content, in any media known now or in the future.

Disclaimer of Warranties
You agree that use of MyBenta.com and the services offered by MyBenta.com are entirely at your own risk. MyBenta.com and services are provided on an "as is" or "as available" basis, without any warranties of any kind. All express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law, MyBenta.com disclaims any warranties for the security, reliability, timeliness, accuracy, and performance of MyBenta.com services. To the fullest extent permitted by law, MyBenta.com disclaims any warranties for other services accessed through any links on MyBenta.com. To the fullest extent permitted by law, MyBenta.com disclaims any warranties for viruses or other harmful components in connection with MyBenta.com services. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

Liability
You will not hold MyBenta.com responsible for other users' actions or inactions. You acknowledge that MyBenta.com is not a broker. MyBenta.com is a service to allow anyone to offer, sell, and buy locally at any time. We are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of listings, the ability of sellers to sell items, the ability of buyers to pay for items, the timeliness of deliveries, or that a buyer or seller will actually complete a transaction.

We do not transfer legal ownership of items from the seller to the buyer. Unless the buyer and the seller agree otherwise, the buyer will become the item's lawful owner upon physical receipt of the item from the seller.

Further, we cannot guarantee continuous or secure access to our services, and operation of MyBenta.com may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of MyBenta.com. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

MyBenta.com may contain hyperlinks or "links" to and from other web sites. These web sites may have user agreements that differ from our User Agreement so please review the terms of any other web sites that you visit. Our User Agreement applies solely to our web site. These links do not imply any affiliation between MyBenta.com and the owners of other web sites, or any endorsement, approval or verification of any content contained on other web sites.

Indemnity
You will indemnify and hold us (and our officers, directors, agents, subsidiaries, affiliates, successors, service providers, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.

No Agency
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Resolution of Disputes
In the unlikely event a dispute arises between you and MyBenta.com, our goal is to provide you with a neutral and cost effective means to resolve the dispute quickly. Before resorting to litigation, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. If, however, either you or MyBenta.com choose to resolve the dispute through litigation, then any legal proceedings concerning this Agreement shall be brought in the Philippine court, and you hereby consent to the personal jurisdiction of those Courts and waive any defenses that you may otherwise have relating to such jurisdiction.

Governing Law
This Agreement shall be governed in all respects by the Philippine laws as they apply to agreements entered into and to be performed entirely within Philippines between Philippine residents, without regard to conflict of law provisions.

General
We reserve the right to amend this Agreement at any time. Amended terms will be posted on MyBenta.com. Amendments shall automatically be effective 30 days after they are initially posted on MyBenta.com. Use of MyBenta.com assumes agreement with posted amendments. Notification of any amendments will be given to MyBenta.com's users.

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