Terms Of Service
PLEASE READ! https://www.emallfashion.com/ REQUIRES CONSIDERATION FOR AND AS A CONDITION OF ALLOWING YOU ACCESS.
ALL PERSONS UNDER THE AGE OF 18 ARE DENIED ACCESS TO https://www.emallfashion.com/. IF YOU ARE UNDER 18 YEARS OF AGE, IT IS UNLAWFUL FOR YOU TO VISIT, READ, OR INTERACT WITH https://www.emallfashion.com/ OR ITS CONTENTS IN ANY MANNER. https://www.emallfashion.com/ SPECIFICALLY DENIES ACCESS TO ANY INDIVIDUAL THAT IS COVERED BY THE CHILD ONLINE PRIVACY ACT (COPA) OF 1998.
Visitors, viewers, users, subscribers, members, affiliates, sellers, buyers or customers, collectively referred to herein as "Visitors," are parties to this agreement. The website and its owners and/or operators are parties to this agreement, herein referred to as "Website."
EMALLFASHION IS A VENUE
- eMallFashion acts as a venue to allow users, who comply with this agreement.
- eMallFashion’s policies to offer, sell and buy certain fashion goods within a fixed-price format.
- eMallFashion is not directly involved in the transactions between buyers and sellers.
- As a result, eMallFashion has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items.
- eMallFashion does not pre-screen content or information provided by users.
- eMallFashion cannot ensure that a buyer or seller will actually complete a transaction.
Consequently, eMallFashion cannot and does not transfer legal ownership of items from the seller to the buyer.
eMallFashion cannot guarantee the true identity, age and nationality of a user and encourages you to communicate directly with potential transaction partners through the tools available on the Website and asks that you do not arrange to meet users from the Website in person.
You agree that eMallFashion is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items and links posted by you, other users, or outside parties on eMallFashion. You use the eMallFashion service at your own risk.
- eMallFashion’s services are available only to, and may only be used by, individual who are 18 years and older who can form legally binding contract under applicable law.
- You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful.
- eMallFashion may, in its sole discretion, refuse to offer access to or use of the Website to an person or entity and may change its eligibility criteria at any time without notice to you.
- This provision is void where prohibited by law and the right to access the Website is revoked in such jurisdictions.
- You agree to comply with all local laws regarding online conduct and acceptable content.
- You are responsible for all applicable taxes payable as a result of your activity on the Website.
- In addition, you agree to abide by eMallFashion’s policies as stated in this Agreement and listed below (if applicable to your activities on or use of the Website) as well as all other operating rules, policies and procedures that may be published from time to time on the Website by eMallFashion, each of which is incorporated herein by reference and each of which may be updated by eMallFashion from time to time without notice to you:
- In addition, some services offered through the Website may be subject to additional terms and conditions published by eMallFashion from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
- Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality.
- You agree to immediately notify eMallFashion of any unauthorised use of your password or any breach of security.
- You also agree that eMallFashion cannot and will not be liable for any loss or damage arising from your failure to keep your password secure.
- You agree not to provide your username and/or password information to any other party other than eMallFashion without eMallFashion’s express written permission.
- You must keep your account information up-to-date and accurate at all times, including a valid email and address.
- To sell items on eMallFashion you must provide and maintain a valid PayPal or bank account and postal address.
- You may not transfer or sell your eMallFashion account and User Id to another party.
- If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
- eMallFashion may only hold and operate one active selling account at any one time and the selling account must only be operated by the named account holder.
- If a secondary account is required then you must request prior written permission from eMallFashion.
- eMallFashion reserves the right to reject any such request and may, at its discretion, terminate additional selling accounts or selling accounts being operated by a person other than the named account holder without prior warning.
- eMallFashion takes feedback integrity seriously.
- Sellers may offer small incentives for general feedback, however manipulation and/or bribery is not tolerated.
- eMallFashion team reserve the right to remove any feedback which it suspects has been posted as a result of such manipulation or bribery and may close the seller account to which it relates.
Right to Refuse Service:
- eMallFashion reserves the right to refuse service to anyone at any time.
- eMallFashion’s services are not available to temporarily or indefinitely suspended eMallFashion members.
- eMallFashion reserves the right, in eMallFashion’s sole discretion, to cancel unconfirmed or inactive accounts.
FEES AND SERVICES
- Listing on eMallFashion is free. eMallFashion charges 6% of the sale price when the items sells, this transaction fee is not refundable.
- eMallFashion fees are subject to change, are incorporated into this Agreement by reference.
- Increase to the Fees for eMallFashion’s services are effective after eMallFashion provides you with at least thirty (30) days’ notice by posting the changes on the Website.
- However, eMallFashion may choose to temporarily change the Fees for its service for promotional events; such changes are effective when eMallFashion posts the temporary promotional event on the Website.
- eMallFashion may decrease the Fees stated with no notice to you.
- eMallFashion may, at its sole discretion, change some or all eMallFashion’s services at any time.
- In the event eMallFashion introduces a new service, the fees for that service are effective at the launch of the new service.
- Unless otherwise stated, all fees are quoted in Australian Dollar (AUD).
- In the event that your store product count falls to zero, your storefront will no longer show on site.
- You are responsible for paying all fees and applicable taxes associated with using eMallFashion.
- eMallFashion recommends that you research whether you are liable to declare any taxes to the relevant tax authorities.
Fees and Termination:
- If eMallFashion terminates a listing or your account, if you close your account, you remain obligated to pay eMallFashion for unpaid fees plus any penalties, if applicable.
- If the seller’s account is not paid in full, the seller risks penalties such as the suspension of privileges, termination of the account and/or legal action.
- If you have a question or wish to dispute a charge, please contact eMallFashion.
eMallFashion pays you twice each month, roughly 15 days after each period end. Each payment is a sum of all of the order Payments and Fees for a given pay period.
- Order Activity
You’ll be paid on
- From the 1st through the 15th of the month
- From the 16th through the last day of the month
- The last day of that month
- The 15th of the following month
eMallFashion will pay you for each order based on when you ship it and the shipment shows movement, e.g. the carrier scanned the shipment. So if a customer places an order on January 31 and your shipment shows movement on February 2, we would assign the payment for the first half of the month, so you’d receive it in your February 28 payment.
We only process the payment on business days – if the pay date is a weekend or holiday, the payment transfer will happen on the next business day. We initiate a payment transfer on the pay date but it takes banks or financial institutions a couple of days to process the payment.
LISTING AND SELLING
- By listing an item on the Website you warrant that you and all aspects of the item comply with eMallFashion’s published policies.
- You also warrant that you may legally sell the item.
- You must accurately describe your item and all terms of sale in your listing.
- Your listings may only include text descriptions, pictures and other content relevant to the sale of that item.
- All items must be listed in an appropriate category with appropriate tags.
- You must not list an item more than once, unless the item’s listing has naturally expired.
- If the “in stock” quantity is more than one, all items in that listing must be identical.
- All sales are binding.
- The seller is responsible for shipping up to the point of delivery or otherwise completing the transaction with the buyer within 10 days, unless there is an exceptional circumstances, such as: (a) the buyer fails to meet the terms of the seller’s listing (such as payment method), or (b) the seller cannot authenticate the buyer’s identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstances.
- The price stated in each item listing description must be an accurate representation of the sale.
- Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and posting the items.
- Sellers may not charge excessive shipping fees or otherwise avoid fees.
- You may not alter the item’s price after a sale for the purpose of avoiding eMallFashion fees, misrepresent the item’s location, or use another user’s account without permission.
- Sellers may not encourage buyers to purchase an item listed on eMallFashion outside, such as directly through PayPal or other third-party providers. This may also constitute fee avoidance.
Site Currency Conversion Tool:
- We provide a currency converter tool to allow you to see an approximate cost in selected currencies.
- The currency data is regularly updated from multiple sources to create one guideline rate.
- This guidance rate may differ to that offered by PayPal or your card provider.
- The correct billing amount in Australia will always be displayed before you enter your payment details.
- Seller may issue promotional codes for promotional purposes only and these are to be used against purchases from the issuing seller’s store only.
- Promotional codes have no cash value and cannot be exchanged for money or credit.
- Sellers are expressly prohibited from selling promotional codes for their store and / or the eMallFashion website.
- If the Seller is found to be selling promotional codes this may constitute fee avoidance.
- eMallFashion has site-wide sales a couple of times a year and dedicated promotional events. You’ll be alerted by email when we have an upcoming sale or event.
- eMallFashion reserves the right to implement promotions or other loyalty programs in connection with the eMallFashion platform pursuant to which customers may receive discounts earned in connection with such program(s) (collectively, “eMallFashion Promotions”) toward product purchases.
- Seller shall participate in the eMallFashion Promotions program which allow discounts up to 30% in conjunction with the purchase of any and all products it offers through eMallFashion.
- eMallFashion Promotions work on the list price and do not apply to the discount rate.
- eMallFashion reserves the right to modify the terms of the eMallFashion Promotions program at any time in its sole discretion.
PROHIBITED, QUESTIONABLE AND INFRINGING ITEMS AND ACTIVITIES
- You are solely responsible for your conduct and activities on and regarding to eMallFashion and any and all data, text information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, “Content”) that you submit, post, and display on eMallFashion Copyright Policy.
- Restricted Activities: Your Content and your use of eMallFashion:
- Must not be false, inaccurate or misleading
- Must not be fraudulent or involve the sole of illegal, counterfeit or stolen items
- Must not involve the sale of real fur items
- Must not infringe upon any third-party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy
- Must not breach this Agreement, any site policy or community guidelines, or any applicable law or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
- Must not contain items that have been identified as hazardous to consumers
- Must not be defamatory, libellous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including eMallFashion staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
- Must not be obscene
- Must not contain or transmit any code of a destructive nature that may damage, interfere with, intercept or expropriate any system, data or personal information
- Must not modify, adopt or hack eMallFashion or modify another website so as to falsely imply that it is associated with eMallFashion
- Must not link directly or indirectly, reference or contain description of goods or services that are prohibited under this Agreement or other policy documents as posted on eMallFashion.
- eMallFashion does not claim ownership rights in your Content.
- Your grant eMallFashion a license solely to enable eMallFashion to use any information or Content you supply eMallFashion with so that eMallFashion is not violating any rights you might have in that Content.
- You grant eMallFashion a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights you have in the Content, in any media now known or not currently known, with respect to your Content.
- You agree to allow eMallFashion to store or re-format your Content on eMallFashion and display your Content on eMallFashion in any way as eMallFashion chooses.
- By uploading Content to eMallFashion you promise that you own and/or have the right to use such Content in this manner and that such Content does not infringe any third party intellectual property rights.
- In the event that eMallFashion receives a complaint in respect of any Content posted by you, it shall be your sole responsibility to deal with such a complaint and to compensate eMallFashion for any loss suffered.
- eMallFashion reserves the right to remove any such Content immediately.
- As part of a transaction, you may obtain personal information, including email address and shipping information, from another eMallFashion user.
- Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for eMallFashion related communications.
- eMallFashion has not granted you a license to use the information for unsolicited commercial messages.
- By uploading boutique images to eMallFashion, you agree that eMallFashion has the right to use your images to promote eMallFashion and/or your boutique store in any external press as well as across all eMallFashion websites and eMallFashion social media channels.
- By posting Content on eMallFashion, it is possible for an outside website or a third party to re-post Content.
- You agree to hold eMallFashion harmless for any dispute concerning this use.
- If you choose to display your own eMallFashion-hosted image on another website, the image must provide a link back to its listing page on eMallFashion.
- eMallFashion considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Website or otherwise (other than the Content and the tangible items sold on the Website by users) (collectively, the “Material”) to be non-confidential and non-proprietary, and eMallFashion shall not be liable for the disclosure or use of such Material.
- If, at eMallFashion’s request, any user sends Material to improve the site (for example to customer support), eMallFashion will also consider that Material to be non-confidential and non-proprietary and eMallFashion will not be liable for use or disclosure of the Material.
- Any communication by you to eMallFashion is subject to this Agreement.
- You hereby grant and agree to grant eMallFashion, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sub licensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the systems, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.
INTERACTIONS WITH OTHER USERS AND PRIVATE MESSAGING
- Users are solely responsible for interactions with others.
- Users understand that eMallFashion does not in any way screen its users.
- All users agree to exercise caution and good judgement in all interactions with others, particularly if meeting offline or in person.
- Messaging is your way to communicate privately with other eMallFashion members.
- It’s essentially email, but purely for eMallFashion members.
- Messages are primarily intended for communicating about transactions and orders that are underway.
- You must not use Message to send unsolicited advertising or promotions, request samples, loans, donations or “spam”. You must not pass on email addresses or any other information on to third parties.
- Spamming other stores in order to ask them to ‘follow’ your own store will not be tolerated.
- Please use common sense when giving out personal information to others via messaging, for example don’t send someone your credit card details.
- You must no use messages to knowingly harass, threaten, blackmail or abuse another member.
- If someone explicitly tells you not to contact them, you must not use Messages to contact them again, unless you are involved in an open transaction.
- You must not use Messages to interfere with a transaction. This means:
- You must not contact another member to buy or sell an item listed on emallFashion outside of the eMallFashion site. This may also constitute fee avoidance.
- You must not communicate with a member involved in an active or completed transaction to warn the member away from a particular buyer, seller or item.
As an anti-spam measure, sending too many messages too quickly may auto-disable your account.
- eMallFashion does not control the Content provided by users that is made available on eMallFashion.
- You may find some Content to be offensive, harmful, inaccurate, or deceptive.
- There are also risks of dealing with under age persons or people acting under false pretence.
- Additionally, there may also be risks dealing with international trade.
- By using eMallFashion, you agree to accept such risks and that eMallFashion (and eMallFashion’s officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any acts or omissions of users on eMallFashion.
- Please use caution, common sense and practice safe buying and selling when using eMallFashion.
- eMallFashion is not responsible for the availability of outside websites or resources linked to or referenced on the Website.
- eMallFashion does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources.
- You agree that eMallFashion shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources or via pop ups which may appear when accessing the Website from your computer.
RESOLUTION OF DISPUTE AND RELEASE
In the event a dispute arises between you and eMallFashion, please contact eMallFashion.
Any dispute arising from or relating to the subject matter of this Agreement shall be subject to the exclusive jurisdiction of the courts of Australia. Use of the Site is not authorised in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section.
Should you have a dispute with one or more users, or an outside party, you release eMallFashion (and its officers, directors, agents, subsidiaries, joint ventures and employees) from any and all 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.
eMallFashion, for the benefit of users, may try to help users resolve disputes, at their request.
eMallFashion does so in its sole discretion, and it has no obligation to resolve disputes between users or between users and outside parties.
To the extent that eMallFashion attempts to resolve a dispute it will do so in good faith based solely on this agreement and its policies.
In the event that a buyer submits a chargeback, eMallFashion will respond to the credit card networks on behalf of the seller involved in the transaction; the seller agrees to provide any requested information to us within five calendar days of the request. eMallFashion reserves the right to recoup funds associated with buyer chargebacks.
USE OF INFORMATION FROM THIS WEBSITE
Unless you have entered into an express written contract with this website to the contrary, visitors, viewers, subscribers, members, affiliates, or customers have no right to use this information in a commercial or public setting; they have no right to broadcast it, copy it, save it, print it, sell it, or publish any portions of the content of this website. By viewing the contents of this website you agree this condition of viewing and you acknowledge that any unauthorized use is unlawful and may subject you to civil or criminal penalties. Again, Visitor has no rights whatsoever to use the content of, or portions thereof, including its databases, invisible pages, linked pages, underlying code, or other intellectual property the site may contain, for any reason for any use whatsoever. Visitor agrees to liquidated damages in the amount of U.S.$100,000 in addition to costs and actual damages for breach of this provision. Visitor warrants that he or she understands that accepting this provision is a condition of viewing and that viewing constitutes acceptance.
OWNERSHIP OF WEBSITE OR RIGHT TO USE, SELL, PUBLISH CONTENTS OF THIS WEBSITE
The website and its contents are owned or licensed by the website. Material contained on the website must be presumed to be proprietary and copyrighted. Visitors have no rights whatsoever in the site content. Use of website content for any reason is unlawful unless it is done with express contract or permission of the website.
HYPERLINKING TO SITE, CO-BRANDING, "FRAMING" AND REFERENCING SITE PROHIBITED
Unless expressly authorized by website, no one may hyperlink this site, or portions thereof, (including, but not limited to, logotypes, trademarks, branding or copyrighted material) to theirs for any reason. Further, you are not allowed to reference the url (website address) of this website in any commercial or non-commercial media without express permission, nor are you allowed to 'frame' the site. You specifically agree to cooperate with the Website to remove or de-activate any such activities and be liable for all damages. You hereby agree to liquidated damages of US $100,000.00 plus costs and actual damages for violating this provision.
DISCLAIMER FOR CONTENTS OF SITE
The website disclaims any responsibility for the accuracy of the content of this website. Visitors assume the all risk of viewing, reading, using, or relying upon this information. Unless you have otherwise formed an express contract to the contrary with the website, you have no right to rely on any information contained herein as accurate. The website makes no such warranty.
DISCLAIMER FOR HARM CAUSED TO YOUR COMPUTER OR SOFTWARE FROM INTERACTING WITH THIS WEBSITE OR ITS CONTENTS. VISITOR ASSUMES ALL RISK OF VIRUSES, WORMS, OR OTHER CORRUPTING FACTORS.
The website assumes no responsibility for damage to computers or software of the visitor or any person the visitor subsequently communicates with from corrupting code or data that is inadvertently passed to the visitor's computer. Again, visitor views and interacts with this site, or banners or pop-ups or advertising displayed thereon, at his own risk.
DISCLAIMER FOR HARM CAUSED BY DOWNLOADS
Visitor downloads information from this site at his own risk. Website makes no warranty that downloads are free of corrupting computer codes, including, but not limited to, viruses and worms.
LIMITATION OF LIABILITY
By viewing, using, or interacting in any manner with this site, including banners, advertising, or pop-ups, downloads, and as a condition of the website to allow his lawful viewing, Visitor forever waives all right to claims of damage of any and all description based on any causal factor resulting in any possible harm, no matter how heinous or extensive, whether physical or emotional, foreseeable or unforeseeable, whether personal or business in nature.
Visitor agrees that in the event he causes damage, which the Website is required to pay for, the Visitor, as a condition of viewing, promises to reimburse the Website for all.
No additional notice of any kind for any reason is due Visitor and Visitor expressly warrants an understanding that the right to notice is waived as a condition for permission to view or interact with the website.
Arbitration shall be conducted pursuant to the rules of the American Arbitration Association which are in effect on the date a dispute is submitted to the American Arbitration Association. Information about the American Arbitration Association, its rules, and its forms are available from the American Arbitration Association, 335 Madison Avenue, Floor 10, New York, New York, 10017-4605. Hearing will take place in the city or county of the Seller.
In no case shall the viewer, visitor, member, subscriber or customer have the right to go to court or have a jury trial. Viewer, visitor, member, subscriber or customer will not have the right to engage in pre-trial discovery except as provided in the rules; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator's decision will be final and binding with limited rights of appeal.
The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute arbitration, including attorney fees, collection fees, investigation fees, travel expenses.
JURISDICTION AND VENUE
If any matter concerning this purchase shall be brought before a court of law, pre- or post-arbitration, Viewer, visitor, member, subscriber or customer agrees to that the sole and proper jurisdiction to be the state and city declared in the contact information of the web owner unless otherwise here specified. In the event that litigation is in a federal court, the proper court shall be the closest federal court to the Seller's address.
Viewer, visitor, member, subscriber or customer agrees that the applicable law to be applied shall, in all cases, be that of the state of the Seller.
55 Albion St
Annandale NSW 2038
Contact Email: email@example.com, All Rights Reserved.
Last Updated: 7/7/2017