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Seller Terms & Conditions Home / Seller Terms & Conditions

Welcome to Yibto!

1. INTRODUCTION

These terms and conditions (the Site Terms) set out how you may use our services to sell your merchandise and/or products via the Yibto Marketplace (the Site). In order to use the Site or any of our services (Sell With Us) to sell Products, you must create a valid Seller account for each Elected Country (at present, United Arab Emirates) in which you wish to sell your Products. Our Services may be amended from time to time by us.


2. WORDS USED IN THE SITE TERMS

The terms in the bold font have meanings given to them in the Site Terms.

Seller, shall mean either you, as an individual if using the services on behalf of yourself, or the business employing you as its representative (if registering for or using a service as (or part of) a business or any of your Affiliates (individually (in respect of each Elected Country) or collectively as the context requires)) who elects to create a Seller account in each Elected Country and/or register on the Site. The Seller agrees to be bound by and comply with these Site Terms.

The words Yibto, we, us or our means, as applicable, each of or all of the Yibto Contracting Party(ies) (as set out for each Elected Country referred to below) or any of its Affiliates.

The term “Affiliate” means, with respect to any entity, any other entity or Person that directly or indirectly controls, is controlled by or is under common control with that entity.

A “Person” means any individual, corporation, partnership, limited liability company, governmental authority, association, joint venture, division, or other cognizable entity, whether or not having distinct legal existence.

The "Elected Country" we/you dealing will be the United Arab Emirates at all times until any further notice.


3. CREATING A SELLER ACCOUNT FOR AN ELECTED COUNTRY

In accordance with the directions on the Site, you will need to create a Seller account with us for each Elected Country in which you wish to receive Our Services. If you are an individual, you are not eligible to sell with us. If you are a business organization, you should be able to conduct business in that Elected Country in accordance with the laws of that Elected Country. The username to be registered/used while creating Seller account should be your business organization's name. We may assist you while creating the Seller account in each Elected Country after receiving the necessary information from you (and each of your Affiliates, if applicable). You must first familiarize yourself with the process set out on the Site and all the Site Terms. You must not register under a false name and/or impersonate any other Sellers’ login credentials, or password(s). Such fraudulent conduct will result in a violation of Applicable Laws in the relevant Elected Country. You must agree to provide all relevant information to us while your account is active. While registering your Seller account, for each Elected Country, you must provide valid and authentic supporting documents as we may specify (in accordance with Applicable Laws in the Elected Country) and/or as may be requested by us through the Site or your Seller account.

4.   PASSWORDS

All vital information (username and password) related to your Seller account should be kept confidential. You are solely responsible for maintaining the security of your password. You may not disclose your password to any third party (other than third parties authorized by you to use your account in accordance with these Site Terms) and you are solely responsible for any use of or action is taken under your password. If your password is compromised, you must immediately change your password.

5.   SPECIFIC POLICIES

By creating a valid Seller account for each Elected Country, you agree, at the time of creation or registration, to be bound by and comply with these Site Terms, and all policies, protocols guidelines, and other terms incorporated on the Site (which shall form a part of these Site Terms). This shall include:

a). The Elected Country specific terms about which you may be notified from time to time (using E-commerce Management System (EMS) functionality we may enable for your Seller account); and

b). Any service specific terms for any of our services that you may request from us and which we may agree to provide to you from time to time (using functionality we may enable for your account) in accordance with such service specific terms (which may relate only to specific Products) and which form part of these Site Terms. 

6.   YIBTO CONTRACTING PARTY

The Elected Country is the United Arab Emirates. The Yibto Contracting Party for Our Services referred to in the Site Terms, Yibto, a limited liability company incorporated under the laws of the United Arab Emirates and registered at the Sharjah Media City with commercial register number 1802675 whose main office is at Office No. 33, Creek Tower, Deira, Dubai, United Arab Emirates.

7.   OUR SERVICES

According to these Site Terms, we offer web services for you to offer Products (as selected by you and agreed with us) to customers, and complete transactions in each Elected Country as selected by you and agreed with us. Save as otherwise set out in these Site Terms, the Seller acknowledges that Yibto does not take title or ownership of the Products or the inventory of Products at any point in time by virtue of the provision of Our Services according to these Site Terms. Title to the Products shall remain with the Seller until successful and completed delivery to its customer, or upon return to the Seller.

8.   SELLER’S DUTIES

You may only use the Site in a lawful manner. You must comply with all Applicable Laws in the Elected Country. You must ensure that your Products correspond to the images uploaded to the Site and information supplied/approved to/by us. It is your duty not to place any misleading advertisement or information about your Products or a brand on the Site. Your products will be available for sale only after our approval. 

Products that the Elected Country consider are potentially harmful (including, for example, to the health and safety of individuals) may require you to provide additional warranties to us to continue to allow their sale via the Site. Specific Applicable Laws in the Elected Country may apply to the sale of such Products and it is your responsibility to adhere to such laws. Liabilities incurred for not following relevant health and safety requirements and/or selling Products which are harmful to individuals or any Person property will be at your sole risk and cost. We reserve the right to reject Products that fall under the Elected Country ’s prohibited item list, as amended from time to time. Products offered for sale on the Site must comply with all laws and regulations and with Yibto’s policies and protocols as may be specified on the Site and updated from time to time. The sale of illegal, unsafe, or other restricted products listed under the Elected Country’s guidelines and rules is strictly prohibited. We encourage you to seek independent legal advice if you have questions about the laws and regulations concerning your Products.

9.   SALE AND FULFILLMENT 

In order for you to sell using Our Services, you should look into the following conditions which are to be followed in the Elected Country. You will
a. ensure that your Products do not cause any personal injury or damage to property;
b. provide to Yibto (on request) an updated copy of your trade license (of your business), and/or any other legal documents;
c. provide the required warranties and maintenance for the purchased Products in accordance with market practices, Yibto guidelines and protocols, and Applicable Law(s);
d. remain responsible for after-sales services, guarantees, warranties, maintenance, and any defects that may arise for or in respect of your Products including where required in accordance with Applicable Law;
e. You must package each of your Products in a commercially reasonable manner complying with all applicable packaging and labeling requirements as provided by us.
f. You acknowledge and agree that we reserve the right to charge you for any loss suffered or incurred by us for: (i) your delays in keeping the product ready and packed for collection; or (ii) cancellation of a confirmed order placed by a customer; or (iii) absence of stock upon arrival of customer/courier company.
g. only cancel any sale of your Product(s) through the Site as permitted pursuant to guideline and policies issued by us and in force at the time of the applicable order or as may be required under these Site Terms. The reason for the cancellation of the sale must be provided to us at the time of cancellation (for example, out of stock or product damaged). 
h. fulfil your Products throughout the whole of the designated places in the Elected Country (except to the extent prohibited by Applicable Law or these Site Terms);
i. provide Yibto with information regarding fulfilment and/or order status and/or tracking (to the extent available), in each case as requested by us using the processes designated by us, of which we may make any of this information publicly available;
j. be the Seller of each of your Products and not act on behalf of any other Person/Organization (in any capacity);
k. include an order-specific, along with the tax, invoice within each delivery/shipment of your Products;
l. identify yourself as the Seller of each of your Products on all invoices or other information included or provided in connection with your Products and as the Person to which a customer may return the applicable product.
m. comply with all instructions, if any, specified by the manufacturer, distributor, and/or licensor of a Product specifying the date before which specified information for such Product should not be disclosed publicly, or such Product should not be delivered or otherwise made available to customers; and
n. except as expressly permitted by the Site Terms, not contact customers (whether by telephone, email or any other communication method) confirming orders or fulfilment of your Products or for any other reason.

10.   OUR POLICIES

The Site Terms are applicable to all activities or transactions made on or via the Site in the Elected Country. If Yibto is notified by a Seller, or a third party brand owner, or via a court, administrative or government order that Products or any part thereof violates, in accordance with Applicable Laws in the Elected Country, the Intellectual Property Rights (IPRs) (which means without limitation (i) copyright, patents, database rights and rights in trademarks, designs, know-how domain name, moral right, trade secret right, or any other intellectual property right arising under any Applicable Laws and all ancillary and related rights and confidential information (whether registered or unregistered); (ii) applications for registration, and the right to apply for registration, for any of these rights; and (iii) all other IPRs and equivalent or similar forms of protection existing anywhere in the world and causes of action for violation, misappropriation or infringement of any of the foregoing) of any third party or any other rights of any third party or any Applicable Laws in the Elected Country, we may remove such Products from the Site (if relevant) at our sole discretion or request removal of such Products by the Seller within a reasonable timeframe notified in writing or through the Seller account. Seller acknowledges that Yibto may from time to time introduce and implement new business rules, and customer care guidelines. Additionally, we are under no obligation to provide any information, material or document back to you, either before or after termination of these Site Terms or cancellation of a Seller account. You are requested to periodically view our Site Terms to view the updated Site Terms (if any).

11.    FEES AND PAYMENT
 
Except as provided otherwise, our fees for Our Services are set out on the Site at http://www.yibto.com, as may be updated from time to time. Seller is responsible for payment of taxes in connection with Products (including withholding costs and any interest or penalty payments that may be imposed by any competent authority for late or non-payment of such taxes, in each case in accordance with any Applicable Laws in the Elected Country). All such amounts are in addition to our fees. You authorize us (and will provide us documentation evidencing your authorization upon our request) to verify your information (including any updated information), All fees payable by Seller under these Site Terms are exclusive of applicable taxes and duties, including, without limitation VAT. We will use reasonable endeavours to ensure that the cost of each item minus our fee as set out on the Site will be released to Seller’s account on the Site in accordance with the relevant payment terms set out on the Sites in the relevant Elected Country after successful Product delivery, and in any event not later than thirty days after product pick up. This period will always be subject to any customer dispute or dispute resolution time. Thereafter, Sellers can transfer such balance to his/her bank account at any time. Our obligation to remit funds received by us on your behalf is limited to funds that we have actually received less amounts owed to us, subject to chargeback or reversal or amounts withheld for anticipated claims in accordance with these Site Terms. The parties shall endeavour to resolve all/any payment conflicts amicably, and in the absence of an acceptable resolution, the parties will refer the conflict in accordance with clause. 

Notwithstanding any other provision of these Site Terms and without prejudice to Yibto’s other rights and remedies, Seller indemnifies Yibto for all loss (including to the extent that any loss is direct or indirect and/or relates to or includes any costs of investigation or professional fees or expenses) incurred or suffered (a) if the Seller’s Product is found counterfeit or refurbished or not to be original; or (b) any other type of fraudulent conduct is identified on the part of Seller. 

12.   SELLER WARRANTIES AND REPRESENTATIONS

Seller represents and warrants that:

a. if you are a business, you are duly organized, validly existing (with the presence of physical store) and in good standing under the Applicable Laws of the Elected Country in which your Seller account is registered and that you are registering for Our Services provided under these Site Terms within such Elected Country;
b. seller has all requisite right power, and authority to enter into these Site Terms, perform your obligations, and grant the rights, licenses, and authorizations in these Site Terms;
c. seller has the power and licences, permissions, authorisations, proprietary rights, consents and permits in the Products and to sell and promote Products in the territory in which they are sold via the Site;
d. seller’s Products conform to applicable quality and safety standards; 
e. seller shall be solely responsible for any Products placed or distributed through the Site and breach of any third party contracts;
f. placement and sale of Seller’s Products through the Site will not be in breach of any Applicable Laws in the Elected Country or third party rights; 
g. all Products (listed on the site) available to be sold are original and free from any defects;
h. seller will not engage in any unfair trade practices, and/or publish any inaccurate information about Products on or via the Site;
i. seller will neither sell nor deliver to a customer any refurbished or used items, and the Products will always be new and unused; and
j. seller understands its consumer protection obligations as a supplier and indemnifies Yibto against any losses or costs incurred by Yibto in respect of Seller’s obligations under any Applicable Laws in the Elected Country.

13.   RETURNS

Seller undertakes to comply with our return and refund policy as referred to on the Site at http://www.yibto.com at its sole cost, whereby Products sold on the Site are subject to a return and refund in the applicable return and refund period starting from the date of collection of the products to the customer.

14.   INTELLECTUAL PROPERTY

Yibto does not have the right to use, copy, distribute, modify and disclose to third parties any content, trademarks, materials or product images that you upload on the Site (and Seller warrants that it is entitled to not grant that licence). The seller does not have the license to authorize Yibto to do the same. Nothing in the Site Terms will prevent or impair Yibto’s right to use Seller’s Materials without your consent to the extent that such use is allowable without a license from Seller or its Affiliates under Applicable Law. We do not grant any license to you except solely as is strictly necessary for you to use Our Services that we agree to provide to you. “Materials” means all technology, trademarks, content, product information, data, materials, and other items or information provided or made available by you or your Affiliates to Yibto.

15.   CHANGES, UPDATES AND UPGRADES

Yibto reserves the right to change the Site Terms at any time and in its sole discretion. Any changes will be effective upon the earlier of posting of the revisions on the Site without any further notice to you. You are responsible for reviewing any applicable changes. Your continued use of the Site (which may be illustrated through your accessing of your Seller account) and Our Services following our posting of any changes, notification and/or ‘click through’ acceptance will constitute your acceptance of such changes. If you do not agree to any change to the Site Terms, you must not continue to use the Site or Our Services. The Seller agrees that no terms of business that it produces or sends to Yibto shall have any legal force or effect. Whilst Yibto attempts to keep the Site safe and secure, we cannot guarantee the continuous operation or access to the Site.  Seller acknowledges that Yibto may, from time to time, upgrade features of the Site and or certain aspects of Our Services that it provides to its customers generally. In order for Seller to benefit from any such upgrade, Yibto may make changes to the provision of any of Our Services and the procedures by which Seller receives any of Our Services. Yibto may also, from time to time change any of Our Services to the extent required to comply with any change in Applicable Laws in the Elected Country. 

16.   YIBTO’S LIABILITY

The Site and any of Our Services provided through it, or any functionality used or relied on, including all content, software, functions, materials, and information made available on or provided in connection with Our Services, are provided “as-is”. Each Yibto entity or Person is severally liable for its own obligations under these Site Terms and is not jointly liable for the obligations of any other Yibto entity or Person under these Site Terms. As a user of the Site, Seller uses the Site and Our Services provided to Seller at its own risk. To the fullest extent permissible by law, Yibto disclaim: 
(i) any representations or warranties regarding these Site Terms, any of Our Services or the transactions contemplated by these Site Terms, including any implied warranties of merchantability, fitness for a particular purpose, or non-infringement; 
(ii) implied warranties arising out of course of dealing, the course of performance, or usage of trade; and 
(iii) any obligation, liability, right, claim, or remedy in tort, whether or not arising from our negligence.

Yibto does not warrant that the functions contained in the Site and Our Services will meet Seller’s requirements or be available, timely, secure, uninterrupted, or error-free, and Yibto will not be liable for any service interruptions, including but not limited to system failures or other interruptions that may affect the receipt, processing, acceptance, completion, or settlement of any transactions. Yibto is involved in direct transactions (payment by cash/credit/debit card paid at the physical store) between customers and Sellers or other participant dealings, if a dispute arises between one or more participants, each participant releases Yibto (and their employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. 

17.   SELLER’S RELEASE AND INDEMNITY

Seller releases Yibto and agrees to indemnify, defend, and hold harmless Yibto, and its respective officers, directors, employees, representatives, and agents against any claim, loss, damage, settlement, cost, expense, or other liability (including, without limitation, attorneys’ fees) (each, a “Claim“) arising from or related to: (a) Seller’s actual or alleged breach of any obligations in these Site Terms; (b) any of Seller’s other means through which it or any of its Affiliates offers products or services, other than the Site, (b) your Products (including their offer, sale, performance, and fulfilment), (c) your Materials, (d) any actual or alleged infringement of any Intellectual Property Rights by any of the foregoing, and any personal injury, death, or property damage related thereto; (e) any third party warranting, administering or otherwise involved in the offer, sale, performance, or fulfilment of your Products, including any of your employees, representatives, agents, contractors, or subcontractors (including any act or omission by any of them or any Claim brought or directed by any of them); or (d) taxes imposed on or payable by Seller or for the sale and/or supply of Products. Seller will use counsel reasonably satisfactory to Yibto to defend each indemnified Claim. If at any time Yibto reasonably determines that any indemnified Claim might adversely affect Yibto, we may take control of the defence. You may not consent to the entry of any judgment or enter into any settlement of a Claim without our prior written consent, which may not be unreasonably withheld. We reserve the right to enforce our rights under this provision by withholding amounts otherwise due to Seller under these Site Terms. 

18.   MITIGATION OF LOSS

Except in relation to any Claim or action for non-payment of the fees, each party shall take all reasonable steps to mitigate the loss and damage it incurs in relation to any Claim or action (whether for negligence, breach of contract, misrepresentation, under any indemnity or otherwise) which it brings against the other. 

19.   CONFIDENTIALITY
During the course of your use of Our Services, you may receive information relating to us or to Our Services, (including Yibto Transaction Information) that is not known to the general public (“Confidential Information”). You agree that: 
(a)   all Confidential Information will remain Yibto’s exclusive property; 
(b) you will use Confidential Information only as is reasonably necessary for your participation in Our Services; 
(c)  you will not otherwise disclose Confidential Information to any other person or third party; and 
(d)  you will take all reasonable measures to protect the Confidential Information against any use or disclosure that is not expressly permitted in these Site Terms. 
You should not issue any press release or make any public statement related to Our Services, or use our name, trademarks, or logo, in any way (including in promotional material) without our advance written permission, or misrepresent or embellish the relationship between us in any way.


20.   DISCLOSURE OF INFORMATION

Yibto reserves the right to report any activity that either it suspects violates any Applicable Law to appropriate law enforcement officials and/or regulators. In order to cooperate with governmental requests, to protect Yibto and its customers, or to ensure the integrity and operation of Yibto’s business and systems, Yibto may access and disclose any information it considers necessary or appropriate, including but not limited to Seller account details, contact details, IP address and traffic information, usage history, and posted content. Both Yibto and Seller each shall protect customer data as per their respective policies and the Applicable Laws of the Elected Country. 

21.   USE OF YIBTO TRANSACTION INFORMATION

You will not, and will cause your Affiliates not to, directly or indirectly: 
(a) disclose any Yibto Transaction Information (except that you may disclose that information solely as necessary for you to perform your obligations under these Site Terms if you ensure that every recipient uses the information only for that purpose and complies with the restrictions applicable to you related to that information);
b) use any Yibto Transaction Information for any marketing or promotional purposes whatsoever, or otherwise in any way inconsistent with our or your privacy policies or Applicable Law in an Elected Country; 
(c) contact a Person that has ordered Your Product with the intent to collect any amounts in connection therewith or to influence that Person to make an alternative transaction;
(d) disparage us, our employees, or any of their or our respective services or any customer; or
(e) target communications of any kind on the basis of the intended recipient being a Site user. 

In addition, you may only use tools and methods that we designate to communicate with users (only if enabled for Seller Account) of our Site regarding transactions that you carry out on it, including for the purpose of scheduling, communicating, or cancelling the fulfilment of Products. The terms of this paragraph do not prevent you from using other information that you acquire without reference to Yibto Transaction Information for any purpose, even if that information is identical to Yibto Transaction Information, provided that you do not target communications on the basis of the intended recipient being a Site user. 

Yibto Transaction Information means, collectively, order information and any other data or information acquired by you or your Affiliates from Yibto, or otherwise as a result of these Site Terms, the transactions contemplated by these Site Terms, or the parties’ performance under these Site Terms.


22.   TERM AND TERMINATION

These Site Terms shall commence on the date on which your account is created or a written contract is signed with us, and shall continue unless and until terminated by us or you. Yibto may terminate these Site Terms (in full or in part, or in respect of any Elected Country) at any time at its sole discretion although Yibto shall try to give fourteen days’ notice to Sellers. Upon termination, your Seller account shall cease to be accessible (either generally or in respect of a particular Elected Country). No termination of these Site Terms (howsoever occasioned) shall: (i)   affect any accrued rights or liabilities of either party; 
(ii) affect the coming into force or the continuance in force of any provision of these Site Terms which is expressly or by implication intended to come into force or continue in force on or after termination; or 
(iii) requires a court or judicial order. 

To the extent relevant, Seller shall immediately return to Yibto all property (including without limitation, Confidential Information and all material related to any customers) that it has received from Yibto in connection with the performance of its obligations.

23.   SUSPENSION OF SERVICES

Yibto may suspend performance of Our Services or access to a Seller account (either generally or in respect of a particular Elected Country) without liability where we have identified an actual or potential personal, financial or legal risk to the customer (which may include the following circumstances: (i) if Seller breaches these Site Terms or any of our policies; (ii) if Seller fails to reasonably cooperate with an investigation by Yibto; (iii) where Yibto reasonably believes that its continued provision of any of Our Services would expose Seller or Yibto or their respective affiliates or customers to a material security risk or a regulatory action; or (iv) Seller’s performance does not meet Yibto’s reasonable projections).

24.   FORCE MAJEURE
We will not be liable for any delay or failure to perform any of our obligations under these Site Terms by reasons, events or other matters beyond our reasonable control.

25.   GOVERNING LAW
These Site Terms shall be governed by and construed in accordance with the laws of the United Arab Emirates.

26.   DISPUTES

Any dispute, claim or controversy arising out of or in connection with these Site Terms (including a dispute, claim or controversy relating to any non-contractual obligations arising out of or in connection with these Site Terms) shall be referred to the parties’ respective officers for resolution. If any dispute remains unresolved twenty-one days after being referred to the parties’ officers, it shall be finally settled by arbitration under the Arbitration Rules of the DIFC-LCIA Arbitration Centre, which Rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The seat, or legal place, of arbitration, shall be Dubai Courts. The language to be used in the arbitration shall be English.

Notwithstanding the foregoing, Yibto may seek injunctive relief in any court of competent jurisdiction in respect of any matter concerning the infringement of its intellectual property rights or the use of its Site to infringe any third party’s intellectual property rights.

27.   INDEPENDENT PARTIES 

Nothing contained in these Terms of Sales will be deemed or construed by the parties or any third party to create the relationship of partnership or joint venture between the parties, it being understood that the parties will at all times remain independent parties contracting for services. 


28.   WAIVER

Yibto’s rights under these Site Terms: (i) may be exercised as often as necessary; (ii) unless otherwise expressly provided in these Site Terms, are cumulative and not exclusive of rights and remedies provided by Applicable Law; and (iii) may be waived only in writing and specifically. Delay in the exercise or non-exercise of any right is not a waiver of that right.


29.   SEVERABILITY

If any of these Site Terms and the documents referred to in them (including any Other Service Terms) is or becomes illegal, invalid or unenforceable in any jurisdiction, such illegality, invalidity or unenforceability shall not affect: (i) the legality, validity or enforceability in that jurisdiction of any other term of these Site Terms and the documents referred to in them (including any Other Service Terms); or (ii) the legality, validity or enforceability in other jurisdictions of that or any other provision of these Site Terms and the documents referred to in them (including any Other Service Terms).

30.   ENTIRE AGREEMENT

These Site Terms and the documents referred to in them (including any Other Service Terms) contains the whole agreement between the parties relating to the contracts, agreements and transactions contemplated by them and supersedes all previous agreements between the parties relating to these contracts, agreements and transactions. Except as required by Applicable Law, no terms shall be implied (whether by custom, usage or otherwise) into these Site Terms and the documents referred to in them. Each party acknowledges that, in agreeing to enter into these Site Terms and the documents referred to in them (including any Other Service Terms) it has not relied on any express or implied representation, warranty, collateral contract or other assurance (except those set out in these Site Terms and the documents referred to in it). 

31.   NOTICES

All notices, demands, requests, approvals, consents or other communications to be given or delivered under these Site Terms (“Notices“) by you to Yibto must be given in writing. Notice will be deemed to have been given when delivered by courier and signed for by a Yibto employee three days after such signature to the addresses has been given on the Site. We may notify you in writing via your email account or by delivering a hard copy of such notice by courier to the address you have provided to us and which in each case will be deemed to have been given upon being sent or dispatched (as appropriate). If there is any conflict or inconsistency between the provisions of the English language version of these Site Terms and any translated version, the wording of the English language version shall prevail.

32.   ASSIGNMENT

Neither party may assign its rights or obligations set out in these Site Terms without the prior written consent of the other party, except that Yibto may assign these Site Terms to an Affiliate or in connection with any merger, reorganization, the sale of all or substantially all of its assets or any similar transaction. Subject to this limitation, these Site Terms will be binding upon, inure to the benefit of, and be enforceable by the parties and their respective successors and assigns.

Contact care@yibto.com if you have any further clarifications on these Site Terms.

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