Terms & Conditions
Terms & Conditions
This User Agreement, the User Privacy Notice, the Mobile Devices Terms, and all policies posted on our sites set out the terms on which Tolbao offers you access to and use of our sites, services, applications and tools (collectively "Services"). You can find an overview of our policies here. All policies, the Mobile Devices Terms, and the User Privacy Notice are incorporated into this User Agreement. You agree to comply with all of the above when accessing or using our Services.
Tolbao is a marketplace that allows users to offer, sell and buy just about anything in a variety of pricing formats and locations. The actual contract for sale is directly between the seller and buyer.
While we may provide pricing, shipping, listing, sourcing, and other guidance in our Services, such guidance is solely informational and you may decide to follow it or not. Also, while we may help facilitate the resolution of disputes through various programs, Tolbao has no control over and does not guarantee the existence, quality, safety or legality of items advertised; the truth or accuracy of users' content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.
In connection with using or accessing the Services you will not: post, list or upload content or items in inappropriate categories or areas on our sites;
breach or circumvent any laws, third-party rights or our systems, policies, or determinations of your account status; use our Services if you are not able to form legally binding contracts (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using our sites, services, applications or tools; fail to pay for items purchased by you, unless you have a valid reason as set out in an Tolbao policy, for example, the seller has materially changed the item's description after you buy, a clear typographical error is made, or you cannot contact the seller; fail to deliver items sold by you, unless you have a valid reason as set out in an Tolbao policy, for example, the buyer fails to comply with the posted terms in your listing or you cannot contact the buyer; manipulate the price of any item or interfere with any other user's listings; post false, inaccurate, misleading, deceptive, defamatory, or libelous content; take any action that may undermine the feedback or ratings systems ; transfer your Tolbao account and user ID to another party without our consent;; distribute or post spam, unsolicited or bulk electronic communications, chain letters ; distribute viruses or any other technologies that may harm Tolbao or the interests or property of users; use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our Services for any purpose, except with the prior express permission of tolbao; interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure; export or re-export any Tolbao application or tool, except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions; infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, "Intellectual Property Rights") that belong to or are licensed to Tolbao. Some, but not all, actions that may constitute infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to Tolbao or someone else; infringe any Intellectual Property Rights that belong to third parties affected by your use of the Services or post content that does not belongs to you; commercialize any Tolbao application or any information or software associated with such application, except with the prior express permission of Tolbao; harvest or otherwise collect information about users without their consent; or circumvent any technical measures we use to provide the Services.
Sellers must meet Tolbao's minimum performance standards. Failure to meet these standards may result in Tolbao charging you additional fees, and/or limiting, restricting, suspending, or downgrading your seller account.
If we believe you are abusing Tolbao in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services, delay or remove hosted content, remove any special status associated with your account(s), remove, not display, and/or demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services.
If we believe you are violating the policy on Offers to buy or sell outside of Tolbao, you may be subject to a range of actions, including limits on your buying and selling privileges, restrictions on listings and account features, suspension of your account, application of fees, and recovery of expenses for policy monitoring and enforcement. If you are a seller, you are liable for transaction fees arising out of all sales made using some or all Tolbao Services, even if sales terms are finalized or payment is made outside of Tolbao.
We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services. Additionally, we reserve the right to refuse or terminate all or part of our Services to anyone for any reason at our discretion.
When a buyer or seller issue arises, we may consider the user's performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing for both buyers and sellers.
The fees we charge for using our Services are listed on our Selling Fees page. We may change our seller fees from time to time by posting the changes on the Tolbao site 3 business days in advance, but with no advance notice required for temporary promotions or any changes that result in the reduction of fees.
When listing an item, you agree to comply with Tolbao's rules for listing and Selling Practices policy and that:
You are responsible for the accuracy and content of the listing and item offered.
Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances). Tolbao can't guarantee exact listing durations. Content that violates any of Tolbao's policies may be deleted at Tolbao's discretion.
We strive to create a marketplace where buyers find what they are looking for. Therefore, the appearance or placement of listings in search and browse results will depend on a variety of factors, including, but not limited to:
buyer's location, search query, browsing site, and history; item's location, listing format, price, amount of Reward Point awarded to buyers and shipping cost, terms of service, end time, history, and relevance to the user query; seller's history, including listing practices, Detailed Seller Ratings, Tolbao policy compliance, Feedback, and defect rate; and number of listings matching the buyer's query.
To drive a positive user experience, a listing may not appear in some search and browse results regardless of the sort order chosen by the buyer. Some advanced listing upgrades will only be visible on certain Services. Tolbao's Duplicate Listing Policy may also affect whether your listing appears in search results. Metatags and URL links that are included in a listing may be removed or altered so as to not affect third-party search engine results.
We may provide you with optional recommendations to consider when creating your listings. Such recommendations may be based on the aggregated sales and performance history of similar sold and current listings; results will vary for individual listings. To drive the recommendations experience, you agree that we may display the sales and performance history of your individual listings to other sellers.
When buying an item, you agree to the rules for buyers and that:
You are responsible for reading the full item listing before making a buy or commitment to buy.
International Buying and Selling; Translation
Many of our Services are accessible to international sellers and buyers. We may offer certain programs, tools, and site experiences of particular interest to international sellers and buyers, such as estimated local currency conversion and international shipping calculation tools. Sellers and buyers are responsible for complying with all laws and regulations applicable to the international sale, purchase, and shipment of items. If you purchase an item on an Tolbao site other than Tolbao, you are subject to the User Agreement of that other tolbao site with respect to that particular purchase.
You may list your items directly on one or more of Tolbao's international sites (Tolbao.com, malaysia.Tolbao.com and singapore.Tolbao.com). Additionally, you may direct us to display your listing on Tolbao sites other than the original Tolbao listing site, including where you choose to list an item with an international shipping option (such as worldwide shipping); the appearance of your listings on these sites is not guaranteed. When you sell your items internationally, you agree to be subject to that other site's User Agreement, policies, and the Tolbao International Selling Policy. You may restrict international buyers from purchasing your items if you explicitly exclude international shipping from your listings and apply an exclusion list to your listings.
When providing content using the Services (directly or indirectly), you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all Intellectual Property Rights (as defined above) you have in that content in connection with our provision, expansion, and promotion of the Services, in any media known now or developed in the future. To the fullest extent permitted under applicable law, you waive your right to enforce against Tolbao, our assignees, our sublicensees, and their assignees your Intellectual Property Rights in that content in connection with our, those assignees', and those sublicensees' use of that content.
You represent and warrant that, for all such content you provide, you own or otherwise control all necessary rights to do so and to meet your obligations under this Agreement. You represent and warrant that such content is accurate. You represent and warrant that use of any such content (including derivative works) by us, our users, or others in contract with us, and in compliance with this Agreement, does not and will not infringe any Intellectual Property Rights of any third party. Tolbao takes no responsibility and assumes no liability for any content provided by you or any third party.
We may offer catalogs including, for example, product images, descriptions and specifications that are provided by third parties (including Tolbao users). You may use catalog content solely in your Tolbao listings. The permission to use catalog content is subject to modification or revocation at any time at Tolbao's sole discretion.
While we try to offer reliable data, we cannot promise that the catalogs or other content provided through the Services will always be available, accurate, complete, and up-to-date. As a buyer, you agree that Tolbao is not responsible for examining or warranting the listings or content provided by third parties through the Services, and that you will not attempt to hold us liable for any inaccuracies. As a seller, it is your responsibility to review the content of your listings for accuracy and that you will not attempt to hold our catalog providers or us responsible for inaccuracies. The catalog may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary, or identification markings included within the catalogs and not to create any derivative works based on catalog content (other than by including them in your listings).
The name "Tolbaol" and other Tolbao marks, logos, designs, and phrases that we use in connection with our Services are trademarks, service marks, or trade dress of Tolbao in the Malaysia and other countries. They may not be used without the express written prior permission of Tolbao
We respond to notices of alleged copyright infringement under the Malaysia Copyright Act. Tolbao works hard to ensure that listed items and content on our site or in our apps do not infringe upon the copyright, trademark, or certain other intellectual property rights of third parties. If you believe that your intellectual property rights have been infringed, please notify our support team and we will investigate.
Authorization to Contact You; Recording Calls; Analyzing Message Content