Terms and Conditions Agreement

Last Updated: February 18,2024

Welcome to Bentamo! By accessing and using our platform, you acknowledge and agree to comply with the following terms and conditions. Please read them carefully.

Acceptance of Terms

By using our platform, you agree to be bound by these terms and conditions, as well as any additional guidelines or rules that may be posted on the platform from time to time. If you do not agree with any of these terms, please refrain from using our platform.

User Responsibilities

a. Eligibility: You must be at least 18 years old or have the legal capacity to enter into a contract in order to use our platform. By using the platform, you confirm that you meet these requirements.

b. Accurate Information: When creating an account, you must provide accurate and complete information. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

c. Content Upload: As a user, you have the ability to upload pictures of your creative Filipino brand. By uploading content, you confirm that you own the necessary rights and permissions to share and display the content on our platform. You further agree that the content you upload does not violate any laws or infringe on the rights of any third party. However, by uploading content to our platform, you grant Bentamo a non-exclusive, royalty-free, worldwide license to use, reproduce, modify, and display the content for the purposes of promoting and showcasing your brand on our platform. You retain ownership of the content you upload.

d. External Service Providers: In addition to being a user, you may also sign up as an external service provider for the platform. Separate terms and conditions will apply for external service providers.

Intellectual Property

a. Ownership: All intellectual property and proprietary rights in the platform, including but not limited to graphics, logos, trademarks, and content, belong to Bentamo or our licensors. You shall not reproduce, distribute, modify, or create derivative works of any material found on the platform without our prior written consent.

b. User Data: Any data that you input on the Bentamo platform, including but not limited to user information, brand details, and uploaded pictures, shall be subject to the rights of use by Bentamo. By using the platform, you acknowledge and agree that Bentamo has the rights to use the data for the purposes of operating and promoting the platform, as well as providing services to users. However, Bentamo will handle user data in accordance with applicable data protection laws and our privacy policy.

Search Engine Indexing and Disclaimers

a. Search Engine Indexing: By using our platform, you acknowledge and agree that search engines may index the pages of our platform, including any content you upload. Additionally, we may index web pages from different businesses that are publicly available, gathering URL and meta information without violating any legal technicalities. While we strive to maintain the accuracy and relevance of indexed content, we cannot guarantee the actions of third-party search engines.

b. Disclaimers: The content provided on our platform, including any user-generated content and indexed web pages, is for informational purposes only. We do not endorse or guarantee the accuracy, completeness, or reliability of any information found on the platform. Users are encouraged to verify information independently before making any decisions or taking any actions based on the content provided.

c. Data Gathering: We do not gather any personal data during the URL data gathering process. Only publicly available information such as URL, meta title, and meta description are collected from web pages. We respect user privacy and adhere to all applicable data protection laws.

Embedding Instagram and Facebook Photos Clause

By using our platform, you agree to allow Bentamo to embed your Instagram and Facebook photos on our site for the purposes of promoting and showcasing your brand. You retain ownership of the photos and grant Bentamo a non-exclusive, royalty-free, worldwide license to embed and display the photos on our platform.

Privacy Policy

By using our platform, you agree to our privacy policy. Our privacy policy outlines how we collect, use, and protect your personal information. It is important that you read and understand our privacy policy, as it governs the handling of your data on our platform. You can find our privacy policy here.

Prohibited Activities

a. Illegal Content: You shall not upload, post, or transmit any content that is unlawful, harmful, threatening, abusive, defamatory, obscene, or otherwise objectionable.

b. Unauthorized Access: You shall not attempt to gain unauthorized access to our platform, servers, or any other systems or networks connected to the platform.

c. Interference: You shall not interfere with the proper functioning of the platform or disrupt the experience of other users.

Disclaimer of Warranties

a. We strive to provide accurate and reliable information on our platform. However, we do not guarantee the accuracy, completeness, or reliability of any content or information found on the platform.

b. The platform is provided on an “as is” and “as available” basis. We make no warranties or representations of any kind, whether express or implied, including but not limited to the availability, fitness for a particular purpose, or non-infringement of the platform.

Updates to Terms

We reserve the right to update or modify these terms and conditions at any time without prior notice. Any changes will be effective immediately upon posting on the platform. It is your responsibility to review these terms periodically for any updates or changes. Your continued use of the platform after any modifications will constitute your acceptance of the updated terms.

Limitation of Liability

a. To the fullest extent permitted by law, Bentamo shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to loss of profits, data, or goodwill, arising out of or in connection with your use of the platform.

b. Bentamo shall not be responsible for any errors, omissions, interruptions, or delays in the platform’s operation, or for any losses or damages incurred as a result of such issues.

Termination

We reserve the right to suspend or terminate your access to the platform at any time, without notice, for any reason. Upon termination, the provisions of these terms and conditions that by their nature should survive termination shall remain in full force and effect.

Governing Law and Jurisdiction

These terms and conditions shall be governed by and construed in accordance with the laws of the Philippines. Any disputes arising out of or in connection with these terms shall be subject to the exclusive jurisdiction of the courts of the Philippines.

Last Updated: January 3,2023

1. Acceptance of Terms

Welcome to Bentamo, operated by Technomad Technologies (“we,” “us,” or “our”). By accessing or using the Bentamo platform (the “Platform”), you agree to comply with and be bound by the following terms and conditions (the “Terms”). If you do not agree to these Terms, you may not use our Platform.

2. User Eligibility

2.1 Shops 2.1.1 Legitimate Businesses:

Shops must be legitimate businesses and comply with all applicable laws and regulations. To ensure the integrity of the platform, Bentamo requires that shops operate as legally recognized entities and adhere to the business regulations governing their jurisdiction.

2.1.2 Accurate Information:

Shops must provide accurate, current, and complete information during the registration process. This includes details about the business, products, and contact information. Bentamo emphasizes the importance of transparency to maintain a trustworthy environment for both shops and customers.

2.2 Affiliates

2.2.1 Ethical Promotion Practices:

Affiliates must adhere to ethical promotion practices when promoting products on the Platform. This ensures that affiliates engage in fair and honest promotional activities, maintaining the reputation of both Bentamo and the products they are affiliated with.

2.2.2 Fraudulent Activity:

Bentamo reserves the right to terminate an affiliate’s account if fraudulent activity is suspected. To maintain the integrity of the affiliate program, Bentamo takes a firm stance against any form of fraudulent practices. Suspected activities such as click fraud or deceptive promotion may result in account termination.

2.3 Customers

2.3.1 Age Requirement:

Customers must be at least 18 years old to make a purchase on the Platform. Bentamo enforces this age requirement to comply with legal standards and to ensure that users making transactions are of legal age.

2.3.2 Account Security:

Customers are responsible for maintaining the confidentiality of their account information. To protect their personal and financial details, customers are urged to uphold stringent security measures for their Bentamo accounts.

3. Platform Usage

3.1 Shops

3.1.1 Product Listings:

Shops are responsible for the accuracy and legality of their product listings on the Platform. Bentamo places the onus on shops to provide truthful and lawful information about their products, ensuring a reliable and trustworthy shopping experience for customers.

3.1.2 Content Removal:

Bentamo reserves the right to remove any content that violates our policies or these Terms. This includes product listings, descriptions, or any content that goes against Bentamo’s guidelines. Removal may occur if content is deemed inaccurate, misleading, or in violation of applicable laws.

3.1.3 Refunds and Returns:

Shops are responsible for managing refunds and returns in accordance with the following guidelines:

  1. Product Defect or Damage: If a customer receives a defective or damaged product, the shop should be prepared to process a refund or facilitate a return.
  2. Incorrect Product Sent: In cases where the shop sends the wrong product, they are responsible for arranging a return and issuing a refund.
  3. Order Cancellation: Shops should have a clear policy regarding order cancellations, including the conditions under which cancellations are accepted and the process for refunding cancelled orders.

Shops are encouraged to communicate their refund and return policies clearly to customers and respond promptly to any refund or return requests. This ensures a positive and transparent shopping experience on the Bentamo platform.

3.1.4 Landing Page Development Service:

In addition to product listings and shop responsibilities, Bentamo also offers a Landing Page Development Service. This service is designed to enhance the online presence of shops by providing a dedicated landing page for their products or brand. Shops utilizing this service enjoy the following benefits:

Bentamo provides a complimentary Landing Page Development service to shops on the platform. This service includes the creation of a customized landing page that showcases the shop’s products, brand identity, and other relevant information. The goal is to improve the overall visibility and accessibility of the shop on the Bentamo platform.

As part of the free Landing Page Development service, Bentamo reserves the right to strategically place marketing material on the landing page for the benefit of the company. This may include promotional banners, advertisements, or other marketing content aimed at enhancing the overall shopping experience for customers on the platform.

For shops seeking more control over their landing page content, Bentamo offers a subscription option. With this subscription, shops have the ability to remove or customize the placement of marketing material strategically placed by Bentamo on their landing page.

3.1.4.1 Subscription Terms and Conditions:

Shops interested in the subscription option should review and agree to the terms and conditions associated with the paid service. The subscription fee, renewal terms, and any other relevant details will be outlined in the subscription agreement.

This subscription model provides an additional avenue for shops to exercise greater control over their online presence while still benefiting from the initial free Landing Page Development service. It allows for a more tailored and brand-focused experience for shops on the Bentamo platform.

3.2 Affiliates

3.2.1 Responsibilities in Posting:

Affiliates are responsible for posting accurate and truthful information about the products they promote. Any false information, misleading claims, or deceptive practices by affiliates may result in penalization or closure of their affiliate account. Bentamo prioritizes the integrity of information presented on the platform and expects affiliates to adhere to ethical promotion practices.

3.2.2 Promotional Materials:

Affiliates must use only approved promotional materials provided by Bentamo. To maintain consistency and brand integrity, Bentamo provides approved promotional materials for affiliates to use in their marketing efforts. This ensures a cohesive and professional representation of the products and the platform.

3.2.3 Customer Queries:

Affiliates should be responsive to customer queries related to the products they have promoted. Prompt and accurate responses contribute to a positive customer experience and help build trust in the Bentamo platform.

3.2.4 Network Guidelines:

Affiliate networks must comply with guidelines provided by Bentamo. Bentamo establishes clear guidelines for affiliate networks to follow, promoting ethical and fair practices. These guidelines ensure that affiliate networks contribute positively to the overall experience of users on the Bentamo platform. Failure to comply with these guidelines may result in actions such as warnings, suspension, or termination of the affiliate network.

3.3 Customers

3.3.1 Purchase Information:

Customers agree to provide accurate information during the purchase process on the Platform. To facilitate smooth transactions and order fulfillment, customers are required to furnish correct and up-to-date information when making a purchase.

3.3.2 Account Responsibility:

Customers are responsible for maintaining the security of their accounts on the Platform. Bentamo underscores the importance of account security and encourages customers to adopt best practices to safeguard their personal information and ensure the privacy of their transactions.

3.3.3 Refund Policies:

Customers may request refunds under the following valid reasons:

  1. Product Defect or Damage: If the received product is defective or damaged upon delivery, customers may be eligible for a refund.
  2. Incorrect Product Received: If customers receive a product different from the one they ordered, they can request a refund.
  3. Non-Delivery: In cases where the ordered product is not delivered within the specified timeframe, customers may be eligible for a refund.

Refund requests will be subjected to approval, and customers are encouraged to provide sufficient evidence, such as clear images or detailed descriptions, to support their claims. Bentamo reserves the right to assess each refund request on a case-by-case basis.

Refunds may be processed within a reasonable timeframe upon approval. Customers will be notified of the refund status through the provided contact information.

3.3.4 Cancellation Policy:

Customers can cancel an order up to 2 hours after the status of the order has been changed to “processed” by the shop. Beyond this timeframe, cancellations may not be accepted, and customers are encouraged to contact Bentamo’s support for assistance.

4. Withdrawals

4.1 Shops: Automatic Withdrawal

Shops on Bentamo benefit from an automated withdrawal process. Once the status of an order is marked as paid, the withdrawal request for the corresponding funds will be initiated automatically. This streamlined system ensures that shops receive their earnings promptly. Withdrawals for shops are scheduled to be released on the 10th and 25th of each month. However, it’s essential to note that the minimum withdrawal amount is set at Php 500, though this threshold is subject to change based on Bentamo’s policies and notifications.

4.2 Affiliates: Payouts Schedule

Affiliates on Bentamo experience regular payouts scheduled on the 10th and 25th of every month. Similar to shops, the minimum withdrawal amount for affiliates is Php 500, with potential adjustments communicated through Bentamo’s policies. This structured payout system ensures that affiliates receive their commissions in a timely manner.

4.3 Accuracy of Payment Information

Users, both shops, and affiliates, must ensure the accuracy and precision of their payment information registered on Bentamo. Bentamo will not be held liable for any negligence in the input of payment information by users. It is the responsibility of users to provide accurate details to facilitate successful withdrawals. Any inaccuracies may result in transaction issues or delays. Bentamo reserves the right to decline any withdrawal request if payment information is deemed inaccurate, with notifications provided, specifying the reasons for the decision. This may include issues related to penalization or other relevant factors.

4.4 Transaction Fees

Withdrawals from Bentamo may be subject to transaction fees, and the specific fees can vary based on the payment medium used for the release of funds. The payment medium may include but is not limited to bank transfers, electronic wallets, or any other financial service providers.

It is important for users, both shops, and affiliates, to be aware that third-party payment processors or financial institutions involved in the withdrawal process may impose transaction fees. These fees are not within Bentamo’s control and are determined by the policies of the respective payment service providers.

Users should review the terms and conditions of their chosen payment medium to understand any potential fees associated with withdrawals. Bentamo will not be responsible for covering or reimbursing any transaction fees incurred during the withdrawal process.

By initiating a withdrawal request, users acknowledge and accept that transaction fees may apply, and the final amount received may be less than the initially requested withdrawal amount. It is recommended that users stay informed about the fee structures of their chosen payment methods to make well-informed decisions regarding withdrawals.

5. Commission and Fees

5.1 Shops

5.1.1 Commission Fees:

Shops using the Bentamo platform agree to a commission fee for every sale facilitated through the platform. The commission fee starts at 5 percent and may be adjusted accordingly in line with the terms and agreements outlined by Bentamo.

5.1.2 Adjustments:

The commission fee percentage may be subject to adjustments based on mutual agreement between Bentamo and the respective Shops. Any modifications to the commission fee will be communicated clearly and transparently in line with the agreed-upon terms.

5.2 Affiliates

5.2.1 Commission Rewards:

Affiliates are rewarded for every successful conversion achieved through their efforts. The commission is determined based on the agreed-upon percentage outlined in the affiliate application. Multi-level commission structures are available, with the percentage fee subject to agreement between the affiliate and Bentamo.

5.2.2 Multi-Level Commission:

Bentamo offers a multi-level commission structure, providing affiliates with the opportunity to earn commissions not only from their direct conversions but also from the conversions generated by their recruited affiliates. The terms and percentage fees for multi-level commissions are subject to agreement.

5.3 Additional Fees

5.3.1 Domain Fees

5.3.1.1 Domain Acquisition:

Shops interested in acquiring a custom domain through Bentamo may do so by making a direct request to Bentamo’s support. The domain fee starts at Php 1000.

5.3.2 Other Fees

5.3.2.1 Agreement Basis:

Additional fees beyond the standard commission fees and domain fees may be introduced based on specific agreements between Bentamo and the respective user. Any such fees will be clearly outlined in the terms and agreements governing the user’s engagement with Bentamo.

5.3.2.2 Communication:

Users will be informed in advance of any additional fees, and the terms surrounding these fees will be communicated transparently.

5.4 Third-Party Service Fees

5.4.1 Logistics, Shipping, Payment Gateways:

Users acknowledge that third-party services such as logistics, shipping, and payment gateways may impose fees on transactions. These fees are independent of Bentamo’s commission and are subject to the pricing factors set by the respective third-party service providers.

5.4.2 Subject to Change:

Users understand that fees imposed by third-party services are subject to change by the service providers. Bentamo is not liable for any changes in fees implemented by third-party services and will not be responsible for any resulting impacts on transactions.

6. Limitation of Liability for External Factors

6.1 General Disclaimer

6.1.1 External Factors:

Bentamo shall not be liable for any damages, losses, or inconveniences arising from external factors beyond our control, including but not limited to:

  • Shipping Services: We are not responsible for delays, damages, or loss of goods caused by shipping carriers or logistics partners.
  • Payment Gateways: Bentamo disclaims liability for any issues related to payment gateways, including transaction failures, processing delays, or security breaches.

6.1.2 Third-Party Services:

Bentamo may utilize third-party services, and users agree that we are not liable for any consequences resulting from the use or performance of these external services.

6.2 User Responsibilities

6.2.1 Due Diligence:

Users are encouraged to conduct their due diligence when choosing shipping options and payment gateways, recognizing that external factors may impact the fulfillment of transactions.

6.2.2 Communication:

Users are responsible for communicating directly with shipping carriers, payment gateway providers, or any third-party services they choose to use in conjunction with Bentamo.

6.3 Indemnification

6.3.1 User Indemnity:

Users agree to indemnify and hold Bentamo harmless from any claims, damages, or losses resulting from their use of external services, including but not limited to shipping and payment gateways.

6.4 No Warranty

6.4.1 No Guarantee:

Bentamo makes no representations or warranties regarding the reliability, accuracy, or availability of external services, and users acknowledge that they use such services at their own risk.

6.5 Limitation of Liability for Fraudulent Activities

Bentamo will not be liable for any situations, damages, losses, or inconveniences caused by fraudulent activities carried out by users, including but not limited to affiliates and shops. In case of confirmed fraudulent activities, users engaging in such activities will be solely responsible for any resulting consequences, and Bentamo reserves the right to take appropriate actions as outlined in Section 7.

7. Fraudulent Situations by Affiliates and Shops

7.1 Fraudulent Activities:

Bentamo reserves the right to take necessary actions in case of fraudulent activities by affiliates and shops. This includes but is not limited to activities such as:

  • Affiliate Fraud: Any deceptive practices by affiliates, including click fraud, misleading promotions, or false conversions.
  • Shop Fraud: False information, deceptive practices, or violation of terms by shops, including inaccurate product listings, misleading claims, or any fraudulent activities.

7.2 Actions by Bentamo:

In case of confirmed fraudulent activities, Bentamo reserves the right to:

  • Terminate Accounts: Bentamo may terminate the accounts of affiliates or shops engaged in fraudulent activities without prior notice.
  • Legal Action: Bentamo may pursue legal action and cooperate with authorities to address fraudulent activities that violate applicable laws.

7.3 Reporting Fraud:

Users are encouraged to report any suspected fraudulent activities by affiliates or shops to Bentamo’s support. Timely reporting assists in maintaining the integrity and security of the platform.

8. Intellectual Property

8.1 Shops

8.1.1 Ownership:

Shops retain ownership of their intellectual property. This means that any trademarks, copyrights, patents, or other intellectual property associated with the products they list on Bentamo remain the exclusive property of the Shops. Bentamo respects the intellectual property rights of Shops and does not claim ownership of the products they showcase on the platform.

8.1.2 License Grant:

By using Bentamo, Shops grant a license for Bentamo to display and promote their products on the platform. This clause implies that Shops give Bentamo the necessary permissions to showcase and market their products to the platform’s users. This license is essential for the proper functioning of the platform, allowing Bentamo to present Shops’ products to potential customers.

8.1.3 Usage Rights:

Shops acknowledge and agree that by uploading any material, including images, descriptions, and other content related to their products, onto the Bentamo platform, they grant Bentamo the rights to use, reproduce, display, and promote such material for the purpose of facilitating transactions and promoting the platform. This usage right is integral to the functionality of the platform and enables Bentamo to effectively showcase Shops’ products to a wider audience. It is important to note that this usage right is limited to the scope of the Bentamo platform and does not involve any transfer of ownership of the intellectual property rights from the Shops to Bentamo.

8.2 Affiliates

8.2.1 Use of Intellectual Property:

Affiliates must not use Bentamo’s intellectual property without permission. This ensures that affiliates do not infringe on Bentamo’s trademarks, copyrights, or any other intellectual property owned by Bentamo. It sets clear boundaries on the use of Bentamo’s brand elements, logos, and other proprietary information.

8.2.2 Promotional Use:

Affiliates grant Bentamo the right to use their name and likeness for promotional purposes. This clause allows Bentamo to showcase and promote the affiliates who are part of the platform’s affiliate program. It’s a mutual agreement where affiliates agree to be featured in promotional materials to enhance the visibility of both Bentamo and the affiliates themselves.

9. Privacy Policy

9.1 Information Collection

9.1.1 Personal Information:

We may collect personal information such as your name, email address, and contact details when you register an account with Bentamo. This information is necessary for the proper functioning of our platform and to provide you with a personalized experience.

9.1.2 Transaction Information:

When you engage in transactions on our platform, we collect information related to the transaction, including product details, purchase history, and payment information. This information is essential for order processing and improving our services.

9.2 Information Use

9.2.1 Platform Functionality:

We use your personal information to facilitate your use of our platform, including account management, order processing, and customer support.

9.2.2 Communication:

We may use your contact information to communicate with you about account updates, transaction confirmations, and promotional offers. You can opt-out of promotional communications at any time.

9.3 Information Sharing

9.3.1 Affiliates and Partners:

To enhance your experience, we may share your information with affiliates or partners involved in the fulfillment of your transactions. However, we do not sell your personal information to third parties.

9.3.2 Legal Compliance:

We may disclose your information if required by law or in response to legal requests, such as court orders or government inquiries.

9.4 Data Security

9.4.1 Secure Practices:

We employ industry-standard security measures to protect your personal information. However, no method of transmission over the internet or electronic storage is entirely secure, and we cannot guarantee absolute security.

9.5 Data Retention

9.5.1 Retention Period:

We retain your personal information for as long as necessary to fulfill the purposes outlined in this privacy policy, unless a longer retention period is required or permitted by law.

9.6 User Rights

9.6.1 Access and Correction:

You have the right to access and correct your personal information. You can update your account information in the user settings or contact us for assistance.

9.6.2 Data Deletion:

You can request the deletion of your account and associated personal information. However, certain data may be retained for legal or business purposes.

9.7 Changes to Privacy Policy

9.7.1 Updates:

We may update this privacy policy to reflect changes in our practices or legal requirements. We will notify users of any significant changes, and continued use of our platform implies acceptance of the updated policy.

9.8 Contact Information

9.8.1 Questions:

If you have any questions or concerns about our privacy practices, please contact us at info@bntm-ph.com.

10. Termination

10.1 Shops, Affiliates, and Customers

10.1.1 Violation of Terms:

Bentamo reserves the right to terminate accounts for violations of these Terms. This emphasizes the importance of compliance with the terms and conditions outlined in the agreement. If any user, whether an Shops, affiliate, or customer, breaches these terms, Bentamo retains the right to terminate their account to maintain the integrity and security of the platform.

10.1.2 Account Closure:

Users may terminate their accounts at any time by contacting Bentamo’s support. This provision ensures that users have the autonomy to close their accounts voluntarily. Whether an Shops, affiliate, or customer decides to discontinue their engagement with Bentamo, they can initiate the account closure process by reaching out to Bentamo’s support.

11. Changes to Terms

11.1 Bentamo

11.1.1 Updates:

Bentamo reserves the right to update or modify these Terms at any time. This grants Bentamo the flexibility to adapt the terms and conditions based on evolving business needs, legal requirements, or improvements to the platform. Users should be aware that the terms may change over time.

11.1.2 Notification:

Users will be notified of any changes to the Terms, and continued use of the Platform implies acceptance of the updated Terms. This ensures transparency and user awareness. Bentamo commits to notifying users of any changes to the terms, and users are deemed to accept these changes if they continue to use the platform after being informed.

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