Terms & Conditions
Last Updated: May 20, 2022
Welcome to BlueWhale Shop (the “Platform”).
The Platform is operated by a legally registered and lawfully operating entity in the United States of America.
Before registering for, logging into, or otherwise using any services provided by the Platform, please carefully read and fully understand these Terms of Use (the “Terms”).
By clicking “Agree,” completing registration, or using the Platform in any manner, you acknowledge that you have read, understood, and agreed to be bound by these Terms.
1. Definitions
Platform
Refers to BlueWhale Shop and its related websites, systems, applications, APIs, administrative systems, and associated technical services, as updated from time to time.
User
Refers to any individual, legal entity, or other lawful organization that accesses, registers for, or uses the Platform.
Agent / Merchant
Refers to a User who has been reviewed and approved by the Platform to participate in agency, distribution, promotion, or other commercial activities on the Platform.
Products / Services
Refers to goods or services displayed on the Platform and transacted through the Platform’s processes.
2. Account Registration and Security
Users shall provide true, accurate, and complete registration information as required by the Platform and shall be responsible for the authenticity of such information.
Users are responsible for safeguarding their account credentials and shall bear full responsibility for all activities conducted under their accounts.
Without the Platform’s prior written consent, users may not transfer, lease, lend, or otherwise permit any third party to use their accounts.
3. Nature of Platform Services
The Platform primarily provides the following services:
Information display of products and services
Technical support and transaction facilitation
Order processing, payment, settlement, and related management functions
Unless otherwise expressly stated in writing by the Platform, the Platform does not act as an actual buyer or seller in any transaction.
The Platform makes no express or implied warranties regarding transaction outcomes, performance, or commercial risks between users.
4. Transactions and Orders
All product prices, inventory levels, commission rates, and related rules are subject to the information displayed on the Platform in real time.
Users shall carefully review all product information before placing an order. Once an order is confirmed, it shall be deemed a true expression of the user’s intent.
Any losses arising from user error or negligence shall be borne solely by the user.
5. Agency and Promotion Rules (If Applicable)
The Platform may offer agency, distribution, or promotional programs. Specific rules shall be subject to the policies published by the Platform.
Agents must comply with applicable U.S. federal and state laws and shall not engage in false, misleading, or exaggerated promotional activities.
The Platform reserves the right to adjust or terminate an agent’s qualifications based on compliance status, operational performance, or risk assessment.
6. User Conduct
When using the Platform, users shall not engage in conduct including but not limited to:
Violating any applicable U.S. federal or state laws or regulations
Engaging in fraud, money laundering, illegal fundraising, or other unlawful activities
Disrupting or compromising the Platform’s systems or normal operations
Infringing upon the lawful rights and interests of the Platform or any third party
The Platform reserves the right to take actions including, but not limited to, functional restrictions, account suspension, or service termination in response to violations.
7. Fees and Settlement
The Platform may charge service fees, technical fees, or transaction fees for certain services. Applicable standards shall be subject to Platform announcements.
The Platform reserves the right to adjust its fee structure within a reasonable scope and will provide notice through announcements or system notifications.
8. Disclaimer
The Platform provides services on an “AS IS” and “AS AVAILABLE” basis.
To the maximum extent permitted by law, the Platform shall not be liable for losses arising from:
Network or system failures
Interruptions caused by third-party services
Force majeure events
Users shall independently assess and bear all commercial and legal risks associated with using the Platform.
9. Intellectual Property
All content on the Platform, including but not limited to source code, page designs, trademarks, logos, text, and images, is protected under U.S. and international intellectual property laws.
Without prior written authorization from the Platform, no user may use such content for commercial purposes.
10. Modification of Terms and Service Termination
The Platform reserves the right to modify these Terms as required by laws, regulations, or operational needs.
Revised Terms shall take effect upon publication on the Platform.
If a user does not agree to the revised Terms, the user shall immediately cease using the Platform’s services.
11. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the United States of America, without regard to conflict-of-law principles.
Any dispute arising from these Terms or the Platform’s services shall be submitted to a court of competent jurisdiction located in the jurisdiction of the Platform’s operating entity in the United States.
12. Miscellaneous
These Terms constitute the complete agreement between the user and the Platform regarding the use of the Platform’s services.
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
