Effective Date: July 1, 2025
Welcome to BentaMax.ph, a digital marketplace platform operated by VMZ Website Hosting Services, a duly registered business entity in the Republic of the Philippines. These Terms and Conditions for Vendors (“Terms”) govern your access to and use of the BentaMax.ph platform as a Seller (“Vendor”).
By creating a seller account or listing any product or service on BentaMax.ph, you agree to be bound by these Terms. Please read them carefully.
1. Vendor Eligibility and Account Creation
1.1 Eligibility Requirements
Vendors must be:
- At least 18 years old;
- A resident of or registered business in the Philippines;
- Capable of entering into legally binding agreements under Philippine law.
1.2 Account Registration
To list and sell on BentaMax.ph, vendors must create an account and provide:
- Accurate contact information;
- Valid identification or business registration (as required);
- Bank or e-wallet details for receiving payments (if applicable).
1.3 Account Responsibility
Vendors are responsible for maintaining the confidentiality of their login credentials and for all activities conducted through their account.
2. Product Listing Rules and Content Guidelines
2.1 Accurate and Lawful Listings
All products and services listed must:
- Be accurately described with clear photos, specifications, and prices;
- Comply with applicable consumer protection and labeling laws;
- Include disclosures such as warranties, return policies, or usage limitations.
2.2 Language and Format
Vendors must ensure that all listing content is:
- Respectful, free of misleading claims, and not offensive;
- Written in English or Filipino and free of spam or keyword stuffing.
3. Prohibited Items and Seller Conduct
3.1 Prohibited Items
You may not list, sell, or promote:
- Illegal, counterfeit, or pirated goods;
- Restricted products under Philippine law (e.g., drugs, weapons, hazardous materials);
- Adult or obscene materials;
- Stolen goods or unauthorized replicas.
3.2 Conduct Expectations
Vendors must not:
- Harass buyers or other vendors;
- Manipulate feedback or ratings;
- Circumvent BentaMax’s systems to transact off-platform.
Refer to our Prohibited Items Policy (to follow) for a complete list.
4. Order Fulfillment, Shipping, and Returns
4.1 Order Processing
Vendors are expected to process, ship, or fulfill orders promptly, as indicated in their listing.
4.2 Shipping and Delivery
You must:
- Provide accurate shipping timelines;
- Use reliable couriers or delivery methods;
- Offer tracking where applicable.
4.3 Return and Refund Obligations
Returns must comply with the Consumer Act of the Philippines (RA 7394), and vendors must honor reasonable return requests as specified in their policies.
5. Fees, Commissions, and Payout Policies
5.1 Platform Fees
While listings during our soft launch are currently free, BentaMax reserves the right to introduce:
- Listing Fees (Subscription-based, not per Listing)
- Transaction Commissions
- Promotional or Advertising Fees
Any fee structure will be announced and governed by updated terms.
5.2 Payout Schedule
Payments from buyers will be released to vendors within a timeframe defined by BentaMax, subject to:
- Order completion verification;
- Absence of disputes;
- Compliance with platform policies.
6. Marketing and Promotions Participation
6.1 Vendor Promotions
Vendors may opt into platform-led campaigns or run their own promotions, provided:
- They comply with DTI promotional regulations;
- Terms of the promo are clearly communicated to buyers.
6.2 Use of Vendor Content
By listing on the platform, vendors grant BentaMax the right to use product images and descriptions in marketing materials, online ads, or newsletters for promotional purposes.
7. Data Privacy, Confidentiality, and Use of Personal Data
7.1 Data Compliance
Vendors must handle buyer data in accordance with the Data Privacy Act of 2012 (RA 10173) and may not:
- Use personal data for marketing without consent;
- Sell, lease, or misuse buyer data.
7.2 Platform Use of Data
BentaMax may collect and process vendor data per our Privacy Policy, including:
- Usage analytics;
- Transaction records;
- Communications and feedback.
8. Liability Disclaimers and Indemnification
8.1 Platform Disclaimer
BentaMax provides its marketplace “as is” and does not guarantee:
- Specific sales volumes;
- Continuous platform uptime;
- Buyer conduct or payment reliability.
8.2 Vendor Indemnification
Vendors agree to indemnify and hold BentaMax harmless from any claims, losses, or legal proceedings arising from:
- Violation of laws;
- Listing of prohibited or infringing products;
- Breach of these Terms.
9. Intellectual Property Considerations
9.1 Vendor-Owned IP
Vendors retain ownership of their product images, logos, and brand assets but grant BentaMax a non-exclusive right to display them.
9.2 No Infringement
Vendors must not list products that infringe trademarks, copyrights, or patents. Repeated violations may lead to account termination.
9.3 Vendor Liability for Violations
In the event of any complaint, claim, or legal action initiated by an aggrieved third party related to intellectual property infringement or unauthorized use of protected content, the Vendor shall bear full legal and financial responsibility.
This includes but is not limited to:
- Responding to and resolving the claim;
- Bearing the cost of legal representation;
- Paying damages, penalties, or settlements awarded by a competent authority;
- Indemnifying BentaMax and its parent company, VMZ Website Hosting Services, from any resulting loss, expense, or liability.
9.4 Account Enforcement
BentaMax reserves the right to remove infringing listings, issue warnings, suspend, or terminate Vendor accounts upon discovery of intellectual property violations, whether reported or verified internally.
10. Platform Rights and Account Enforcement
10.1 Right to Suspend or Remove
BentaMax reserves the right to:
- Suspend or delete vendor accounts for violations of these Terms;
- Remove listings that are misleading, unsafe, or non-compliant;
- Withhold payouts during investigations.
10.2 Appeals Process
Vendors may file an appeal through our Vendor Support Portal. Resolution timelines may vary depending on the case.
11. Dispute Resolution and Governing Law
11.1 Internal Resolution
Disputes must first be reported through our Help Center. BentaMax encourages mediation and collaborative resolution.
11.2 Governing Law
These Terms shall be governed by the laws of the Republic of the Philippines. Any legal disputes shall be filed before the courts of Lapu-Lapu City, Cebu, Philippines.
12. Amendments and Acceptance of Terms
12.1 Policy Updates
BentaMax may update these Terms at any time. Vendors will be notified via email or through the Vendor Dashboard.
12.2 Acceptance
By continuing to use BentaMax.ph as a Vendor, you accept and agree to the latest version of these Terms.
For questions or concerns, please contact us at:
📧 [email protected]
📞 +63927-724-1629
📍 BentaMax HQ: Blk 7 Lot 12 Orchidia St., Bayswater Subd, Agus, Lapu-Lapu City, Cebu, 6015, Central Visayas (Region VII), Philippines