Terms & Conditions

Version dated 19 May 2022.

Welcome to the papmall.com website. Please read these Terms of Service carefully. The following Terms of Service govern your use and access of the papmall® Platform (as defined below) and the use of any part of the Services (as defined below). By accessing the papmall® Platform and/or using the Services, you agree that you have read and understood the terms in these Terms of Service and Payment Terms, which constitute a legally binding agreement between you and papmall® (as defined below). If you do not agree to these Terms of Service, please do not access and/or use this papmall® Platform or any part of the Services. If you use the engagement tools provided by papmall® on the papmall® Platform, the Engagement Tools Terms and Conditions (as defined below) shall apply.

Access to and use of password protected and/or secure areas of the papmall® Platform and/or use of the Services are restricted to Customers with papmall® User Accounts (as defined below) and must be at least 18 years old only. You must not intend to obtain unauthorized access to such parts, or to any other protected information on this papmall® Platform and/or Services, through any means that is unallowed by papmall®.

If you are below 18 years old, you must obtain consent from your parent(s) or legal guardian(s), their acceptance of these Terms of Service and their agreement to take responsibility for: (i) your actions; (ii) any charges associated with your use of any of the Services or purchase of Products; and (iii) your acceptance and compliance with these Terms of Service. If you do not have consent from your parent(s) or legal guardian(s) and/or accessing this papmall® Platform and/or using the Services and/or purchasing Products without the supervision of your parent(s) or legal guardian(s), you must stop these actions immediately.

As used in this Agreement, "we," "us," and "papmall®" means the applicable papmall® Contracting Party and any of its applicable Affiliates, and "you" means the applicant (if registering for or using a Service as an individual), or the business employing the applicant (if registering for or using a Service as a business) and any of its Affiliates. Capitalized terms have the meanings given to them in this Agreement.

If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to papmall® or third parties, then we may in our sole discretion withhold any payments to you for as long as we determine any related risks to papmall® or third parties persist. For any amounts that we determine you owe us, we may (a) charge Your Credit Card or any other payment instrument you provide to us; (b) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (c) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (d) reverse any credits to Your Bank Account; or (e) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate our Program Policies, then we may in our sole discretion permanently withhold any payments to you. Except as provided otherwise, all amounts contemplated in this Agreement will be expressed and displayed in the Local Currency, and all payments contemplated by this Agreement will be made in the Local Currency.

In addition, we may require that you pay other amounts to secure the performance of your obligations under this Agreement or to mitigate the risk of returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to papmall® or third parties. These amounts may be refundable or nonrefundable in the manner we determine, and failure to comply with terms of this Agreement, including any applicable Program Policies, may result in their forfeiture.

As a security measure, we may, but are not required to, impose transaction limits on some or all customers and sellers relating to the value of any transaction or disbursement, the cumulative value of all transactions or disbursements during a period of time, or the number of transactions per day or other period of time. We will not be liable to you: (i) if we do not proceed with a transaction or disbursement that would exceed any limit established by us for a security reason, or (ii) if we permit a customer to withdraw from a transaction because an papmall® Site or Service is unavailable following the commencement of a transaction.

DEFINITIONS AND INTERPRETATION

Key Terms

Buyers are users who purchase services on papmall®.

Business Account is a collaborative Buyer account, created via papmall® Business, as detailed on papmall® Business Terms of Service.

Business Account Team Member or Team Member is any user that is invited or uses a Business Account.

PAP Extras are additional services offered on top of the Seller’s PAP for an additional price defined by the Seller.

PAP Packages allow Sellers to offer services in different formats and prices. Packages can include upgrades, which lets Sellers price their service for a basic price of over $5.

PAP Page is where the Seller can describe their PAP and the PAP’s terms, and the Buyer can purchase the PAP and create an order.

PAP / PAPs are digital/services offered on papmall®.

Order Page is where Buyers and Sellers communicate with each other in connection with an ordered PAP.

Orders are the formal agreements between a Buyer and Seller after a purchase was made from the Seller’s Page.

Sellers are users who offer and perform services through PAP in papmall®.

Interpretation:

Any reference in these Terms of Service to any provision of a statute shall be construed as a reference to that provision as amended, reenacted, or extended at the relevant time. In these Terms of Service, whenever the words ``include”, “includes” or “including” are used, they will be deemed to be followed by the words “without limitation”. Unless expressly indicated otherwise, all references to a number of days mean calendar days, and the words “month” or “monthly”, as well as all references to a number of months, means calendar months. Clause headings are inserted for convenience only and shall not affect the interpretation of these Terms of Service. In the event of a conflict or inconsistency between any two or more provisions under these Terms of Service, whether such provisions are contained in the same or different documents, such conflict or inconsistency shall be resolved in the direction most appropriate to the context.

GENERAL USE OF SERVICES AND/OR ACCESS OF papmall® PLATFORM

Guidelines to The Use of papmall® Platform and/or Services

We grant you the right to use and access the papmall® Platform for shopping on the papmall® Platform in accordance with specified terms and conditions.

You agree to comply with any and all the guidelines, notices, operating rules and policies, and instructions pertaining to the use of the Services and/or access to the papmall® Platform, as well as any amendments to the aforementioned, issued by us, from time to time. We reserve the right to revise these guidelines, notices, operating rules and policies, and instructions at any time with prior advance notice in accordance with applicable laws and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the papmall® Platform.

Seller

PAP

PAP created on papmall® are User Generated Content.

For violations of our Terms of Service and/or our Standards, PAP and/or users may be removed from the Site by papmall®, which may include (but are not limited to) the following infractions and/or materials:

Illegal or Fraudulent services
Copyright Infringement, Trademark Infringement, and violation of a third party's terms of service reported through our Intellectual Property Claims Policy found here
Adult oriented services, Pornographic, Inappropriate/Obscene
Intentional copies of PAP
Spam, nonsense, or violent or deceptive PAP
PAP misleading to Buyers or others
Reselling of regulated goods
Offering to prepare academic works on behalf of Buyers
Exceedingly low quality PAP
Promoting papmall® and/or papmall® PAP through activities that are prohibited by any laws, regulations, and/or third parties' terms of service, as well as through any marketing activity that negatively affects our relationships with our users or partners.
PAP that are removed for violations mentioned above, may result in the suspension of the Seller’s account.
PAP that are removed for violations are not eligible to be restored or edited.
PAP may be removed from our Search feature due to poor performance and/or user misconduct.
PAP may include pre-approved website URLs contained within the PAP description and requirements box. PAP containing websites promoting content, which violates papmall®’s Terms of Service and/or our Community Standards, will be removed.
PAP are required to have an appropriate PAP image related to the service offered. An option to upload two additional PAP images is available to all Sellers. Sellers must deliver the same quality of service as shown on their PAP images. Recurring deliveries that don’t match the quality shown on the PAP images may lead to the Seller’s account losing Seller status or becoming permanently disabled.
PAP may contain an approved PAP Video uploaded through the PAP management tools available on papmall®.
Statements on the PAP Page that undermine or circumvent these Terms of Service are prohibited.
Eligible PAP in select Categories may set up PAP Packages to offer their services in structured formats with multiple price points for the selected PAP.
Certain categories are available only to Pro Sellers to create PAP. If you are not a Pro Seller, creating a PAP for services available to Pro only may result in removal of your PAP.

Top Rated Sellers

Top Rated Sellers are picked manually by papmall® editors based on seniority, amount of sales, exceptionally high ratings, great customer service, high order completion rate, and community leadership throughout an ongoing review process. Top Rated Sellers get access to more features than prior tiers, including VIP assistance and exclusive access to beta developments.

papmall® evaluates Top Rated eligibility on a regular basis to ensure that the quality standards and expectations of the Top Rated selection are met. In light of such an examination, papmall® reserves the right to modify a Top Rated Seller's status. Furthermore, Top Rated Sellers who are unable to continue their high quality service due to a significant reduction in ratings, cease delivering on time, have an elevated cancellation rate, or breach our Terms will be removed from the program.

Buyer

Basics

You are not permitted to make direct payments to Sellers through payment systems other than the papmall® site.
All publicly published delivered works remain the property of papmall® for marketing and promotional purposes.

Purchasing

Please see the Payment Terms for information on how to make payments through the papmall® platform as well as fees and taxes.
You may not provide Sellers the option of paying through a method other than the papmall.com website. If you've been asked to use a different payment method, please contact Customer Support at [email protected] right away.

ORDERS

Your order will be created and given a unique papmall® order number (#PO) once payment is confirmed.

Sellers must use the Deliver Work button (found on the Order page) to deliver completed files and/or proofs of work in accordance with the service ordered and advertised on their PAP.

Sellers may not use the Deliver Work button to evade the Order criteria outlined in these Terms of Service. When an Order is not fulfilled, using the "Deliver Work" button may result in the Order being canceled after review, lowering the Seller's rating, and receiving a warning.

After an Order has been recorded as Delivered and accepted by a Buyer, it is marked as Completed. If an Order has no request for change is filed within 3 days of the Order being declared as Delivered, it will be automatically designated as Completed.

We encourage our Buyers and Sellers to work out their differences among themselves. Users can contact papmall®'s Customer Support department for assistance if this fails after using the Resolution Center or if they encounter non-permitted usage on the Site. Please see the Payment Terms for more details on disputes, order cancellations, and refunds.

Order Processing

When a Buyer places an order for a PAP, the Seller receives an email as well as notifications on the site while logged in.

Sellers must meet the delivery deadlines they set when creating their PAPs. If this is not done, the Buyer will be able to cancel the Order if it is tagged as late, which could hurt the Seller's reputation.

To mark the Order as Delivered, sellers must deliver completed files and/or proofs of work using the Deliver Completed Work button (found on the Order page).

Users are responsible for virus and malware scanning of all transferred files. papmall® will not be held liable for any losses that may result from the use of the site, the use of material, or the transfer of data.

Cancellations and Disputes

Availability of papmall® Platform and Services

The Customer agrees that papmall® may, from time to time, upgrade, modify, suspend or discontinue to provide or remove, in whole or in part, the papmall® Platform or any Service on the papmall® Platform in accordance with the law.

Compatibility on papmall® Platform

Different models or versions of routers, browsers, and devices may have firmware or settings that are not compatible with the papmall® Platform. While we continuously develop the papmall® Platform to, as far as possible, support all commonly used devices and models in markets and all browsers from where the papmall® Platform is likely to be accessed, we do not warrant the compatibility of the papmall® Platform with specific mobile devices or other hardware.

Right, but not obligation, to monitor content

We reserve the right to:

(a) monitor, screen or otherwise control any activity, content, or material on the papmall® Platform and/or through the Services. We may in our sole and absolute discretion, investigate any violation of the Terms of Service contained herein and may take any action it deems appropriate;

(b) prevent or restrict access of any non-compliant User (at our sole discretion) to the papmall® Platform and/or the Services;

(c) report any activity that papmall® has grounds to suspect is a violation of the law or regulations of authorities, and to co-operate with such authorities; and/or;

(d) to request any information and data from you in connection with your use of the Services and/or access of the papmall® Platform at any time and to exercise our right under this paragraph if you refuse to divulge such information and/or data or if we have reasonable grounds to suspect that you have provided inaccurate, misleading or fraudulent information and/or data.

Privacy Policy

Your use of the Services and/or access to the papmall® Platform is also subject to the Privacy Policy as set out at papmall®.

USE OF SERVICES

Restrictions:

Customers who have breached or are in breach of the terms and conditions contained herein and Customers who have been permanently or temporarily suspended from the use of any part of the Services may not use the Services even if they satisfy the requirements of Clause 3.2 as below.

General terms of use: You agree

(a) to conduct any activity relating to the Services in good faith and lawful manner; and

(b) to ensure that any information or data you post or cause to appear on the papmall® Platform in connection with the Services is accurate and agree to take sole responsibility for such information and data.

papmall® may cancel or reject your use of any part of the Services where it deems or suspects that your use of any part of the Services or any transaction is inappropriate or fraudulent. For the avoidance of doubt, inappropriate or fraudulent use of Services may also include promotion abuse and/or system cheating activity.

CUSTOMERS WITH papmall® USER ACCOUNTS

Username/Password:

Certain Services provided on papmall® Platform may require the creation of a papmall® User Account or require you to provide Personal Data. If you request to create a papmall® User Account, a Username and Password may either be:

(a) determined and issued to you by us; or

(b) provided by you and accepted by us in our sole and absolute discretion in connection with the use of the Services and/or access to the relevant papmall® Platform. We may, at any time, request that you update your Personal Data or forthwith invalidate the Username and/or Password and shall not be liable or responsible for any Losses suffered by or caused by you or arising out of or in connection with or because of such request or invalidation. You hereby agree to change your Password from time to time and to keep the Username and Password confidential and shall be responsible for the security of your papmall® User Account and liable for any disclosure or use (whether such use is authorized or not) of the Username and/or Password. You are allowed to notify us immediately if you know or have a reason for suspecting that the confidentiality of the Username and/or Password has been compromised or if there has been any unauthorized use of the Username and/or Password or if your Personal Data requires updating.

(c) Customers may receive promotional emails, SMS text messages, and/or notifications from papmall® in accordance with the policy of papmall® and applicable laws. In case the Customer does not want to continue receiving such communications, the Customer can refuse by clicking the link shown at the bottom of the relevant communications or resetting the papmall® user account.

Purported use/access:

You agree and acknowledge that any use of the Services and/or any access to the papmall® Platform and any information, data, or communications initiated from your papmall® user account shall be deemed to be, as the case may be:

(a) access to the relevant papmall® Platform and/or use of the Services by you; or

(b) information, data, or communications posted, transmitted, and validly issued by you. You shall be bound by any access of the papmall® Platform and/or use of any Services from your papmall® User Account (whether such access or use are authorized by you or not) and papmall® shall be entitled (but not obliged) to act upon, rely on or hold you solely responsible and liable in respect thereof as if the same were carried out or transmitted by you. You shall fully indemnify papmall® against any and all Losses suffered by papmall® attributable to any of your use of papmall® User Account.

INTELLECTUAL PROPERTY

Ownership:

papmall®, the licensor that allows papmall® or its Service provider to own, license, and control all Intellectual Property on the papmall® Platform and in respect of Materials on the papmall® Platform. papmall® fully reserves the right to enforce its Intellectual Property Right allowed by law.

Restricted Use:

No content on the papmall® Platform or any Materials may be reproduced, reverse engineered, separated, altered, distributed, republished, displayed, broadcast, hyperlinked, mirrored, framed, transferred, or transmitted in any manner or by any means or stored in an information retrieval system or installed on any servers, system or equipment without papmall®’s prior written permission or that of the relevant copyright owners. Subject to Clause 5.3, permission will only be granted to you to download, print, or use the Materials for personal and non-commercial uses, provided that you do not modify the Materials and that we or the relevant copyright owners retain all copyright and other notices of owners contained in the Materials.

Trademarks:

Nothing on the papmall® Platform and in these Terms of Use shall be construed as allowing that, whether express or implied, inferred or otherwise construed that you have the right to use any license or have the right to use (including as a meta tag or as a link to another website) any Trademarks displayed on the Services, without written permission of papmall® or any other applicable Trademark owner.

USERS SUBMISSIONS AND INFORMATION

You grant us a non-exclusive license to use the materials or information that you submit to the papmall® Platform and/or provide to us, including but not limited to questions, reviews, comments, and suggestions (collectively, “Submissions”). When you post comments or reviews to the papmall® Platform, you also grant us the right to use the name that you submit or your Username in connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Submissions. We may, but shall not be obligated to, publish, remove, or edit your Submissions.

TERMINATION

Termination by papmall®:

papmall® reserves the right to suspend or terminate your access to the papmall® Platform or use of any part of Services or delete your papmall® User Account in the following cases:

(a) you breach these Terms of Service, the service-specific additional terms or policies;

(b) we’re required to do so to comply with a legal requirement, a competent authority request, or a court order;

(c) we have grounds to reasonably believe that your conduct causes harm or liability to a user, third party, or Google – for example, by hacking, phishing, harassing, spamming, misleading others, or scraping content that doesn’t belong to you;

(d) if there are grounds to prove that the information you have provided to papmall® is inaccurate, false, incomplete, or in violation of the law or pure ethical manners;

(e) you violate the regulations of operation of the e-commerce trading platform or have actions affecting business activities on the papmall® Platform;

(f) you are bankrupt, convicted or on a sentence, if you continue to operate that could impose liability on the papmall® Platform, have activities that are fraudulent, dishonest, market disturbance, causing disunity to other Users of papmall® Platform, activities in violation of applicable laws of Singapore.

If you believe that your papmall® user account has been suspended or terminated in error, you can appeal here.

Termination by you:

You are always free to stop accessing the papmall® Platform or using the Services at will. You can cease using the Services by deactivating your papmall® user account and stop accessing the papmall® Platform at any time.

NOTICE

Notice From papmall®

All notices or other communications were given to you if:

(a) communicated through any print or electronic media as we may select will be deemed to be notified to you on the date of publication or broadcast; or

(b) sent by post or left at your address will be deemed to have been received by you on the signing day of receiving such notices.

Notices From You:

You may only give notice to us in writing sent to our designated office address or e-mail address or contact us via customer support at [email protected], and we shall be deemed to have received such notice only upon confirmation of receipt by the signature (if the notice is made in writing). While we endeavor to respond promptly to notices from you, we cannot guarantee that we will always respond with consistent speed.

Other Modes:

Notwithstanding Clauses 8.1 and 8.2, we may from time to time designate other acceptable modes of providing notice (including but not limited to email, SMS, or other forms of electronic communication) and the time or event by which such notice shall be deemed given.

GENERAL

Cumulative Rights and Remedies:

Unless otherwise provided under these Terms of Service, rights and remedies of papmall® under these Terms of Service are cumulative and are without prejudice and in addition to any rights or remedies papmall® may have in law. Non-exercise of any right or remedy under these Terms of Service by papmall®, or at law, shall (save to the extent, if any, provided expressly in these Terms of Service or at law) operate so as not to hinder or prevent papmall®’s exercise of any other right or remedy as at law.

No Waiver:

Our failure to enforce these Terms of Service shall not constitute a waiver of these terms, and such failure shall not affect the right later to enforce these Terms of Service. We would still be entitled to use our rights and remedies in any other situation where you breach these Terms of Service.

Severability:

If at any time any provision of these Terms of Service is seen to be illegal, invalid, or unenforceable in any respect, the legality, validity, and enforceability of the remaining provisions of this Terms of Service and the rest of the affected terms in these Terms of Service shall continue to be in effect; and shall continue in force as if such illegal, invalid, or unenforceable provision was severed from these Terms of Service.

Governing law and Dispute Resolution:

The use of the papmall® Platform and/or the Services and these Terms of Service shall be governed by and construed in accordance with Singaporean laws. Any dispute arising out of or relating to these Platform Terms, including the existence, validity, interpretation, performance, breach or termination thereof; or any dispute regarding non-contractual obligations arising out of or relating to this Terms of Service shall be referred to and finally resolved by Rules for Arbitration of the Singapore International Arbitration Centre (SIAC), in which such rules are deemed to be incorporated by reference in this Clause 9.4. The arbitral tribunal shall consist of a sole arbitrator, to be appointed by the Chairman of the SIAC. The place of arbitration shall be Singapore. Any award by the arbitration tribunal shall be final and binding upon the parties.

Correction of Errors:

Any typographical, clerical, or other error or omission in any acceptance, invoice, or other documents on our part shall be subject to correction without any liability on our part.

Binding and Conclusive:

You acknowledge and agree that any records (including records of any telephone conversations relating to the papmall® Platform and Services, if any) maintained by papmall® or papmall®’s Service providers relating to thepapmall® Platform and Services shall be binding and conclusive evidence of any information and/or data transmitted between you and papmall®. You hereby agree that all such records are admissible in evidence and that you shall not challenge or dispute the admissibility, reliability, accuracy, or the authenticity of such records merely on the basis that such records are in electronic form or are the output of a computer system, and you hereby waive any of your rights, if any, to so object.

Sub-contracting and Delegation:

We reserve the right to delegate or sub-contract the performance of any of our functions in connection with the papmall® Platform and/or Services and reserve the right to use any service providers, subcontractors, and/or agents on such terms as we deem appropriate.

Assignment:

You may not assign your rights and obligations under these Terms of Service without our prior written consent. We may assign our rights and obligations under these Terms of Service to any third party.

Force Majeure:

We shall not be liable for non-performance, error, interruption, or delay in the performance of its obligations under these Terms of Service (or any part thereof) or any inaccuracy, unreliability, or unsuitability of the papmall® Platform's and/or Services’ contents if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond our reasonable control.

TRANSACTION TERMS

1. Your Compliance

You agree to comply with any and all the guidelines, notices, operating rules and policies, and instructions pertaining to the purchase of Products or Services through the papmall® Platform, as well as any amendments to the aforementioned, issued by papmall® (whether as part of the use of the papmall® Platform or concerning the purchase of Products or Services, on behalf of Seller), from time to time. papmall® reserves the right to revise these guidelines, notices, operating rules and policies and instructions at any time prior advance notice, and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the papmall® Platform in accordance with papmall®’s policy and applicable laws.

2. Security regulations

The papmall® Platform has the necessary security measures and tools to ensure the protection of Personal Data and payment information in the most comprehensive manner. All Customer’s information during the payment process is encrypted to ensure maximum protection. All transaction information is to be kept confidential, however, upon receiving a written request from an authorized law enforcement agency, we will have to provide this information to such agency in accordance with regulations.

The Customer is not allowed to use any programs, tools of any type to interfere with the system or alter the data structure. papmall® prohibits the spreading, propagation, or promotion of any activity that interferes with, sabotages, or otherwise infiltrates system data. Any individual or organization who violates will be deprived of all rights and prosecuted if necessary.

3. Data Collected by papmall®

papmall® may collect Personal Data from the Users in the course of their use of the Tools. Such Personal Data may include photographs, names, and usernames that a User may upload, provide, or use.

Any Personal Data that papmall® collects may be used by it, or shared with or transferred to third parties (including related companies, third-party service providers, and other Users), for any or all of the following purposes:

For the avoidance of doubt, the Privacy Policy (and the notification of the purposes of data collection therein) as referred to in the Terms and Conditions shall apply to all Personal Data referred to under these Engagement Tools Terms.

4. Limitation on Liability

IN NO EVENT WILL papmall®, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

The term “Affiliate” referred to herein, is an entity that, directly or indirectly, controls, or is under the control of, or is under common control with papmall®, where control means having more than fifty percent (50%) voting stock or other ownership interest or the majority of voting rights of such entity.