Terms Of Use

Please read these terms of use ("Agreement" or "Terms of Use") carefully before using the website, mobile applications and services offered by eMallFashion.com (“eMallFashion”). The Agreement sets out the legally binding terms and conditions for your use of the website at eMallFashion.com (the "Site") and all services provided by eMallFashion.com on the site.


By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the "user" or "you") agree to be bound by this Agreement, including those additional terms and conditions and policies referred to here and/or available by hyperlink. This Agreement applies to all users of the Site, including without limitation users who are sellers, customers, merchants, contributors of content, information and other materials or services on the Site.


EMallFashion.com Is A Venue


EMallFashion.com acts as a venue to allow users, who comply with eMallFashion.com's policies, to offer, sell and buy certain goods within a fixed-price format. EMallFashion.com is not directly involved in the transactions between buyers and sellers. As a result, eMallFashion.com 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.com does not pre-screen content or information provided by users. EMallFashion.com cannot ensure that a buyer or seller will actually complete a transaction.


Consequently, eMallFashion.com does not transfer legal ownership of items from the seller to the buyer. EMallFashion.com cannot guarantee the true identity, age, and nationality of a user.


You agree that eMallFashion.com 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.com. You use the eMallFashion.com service at your own risk.


Membership Eligibility 


Age: eMallFashion.com's services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts 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.com may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.


Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by eMallFashion.com's policies as stated in the Agreement and the eMallFashion.com policy documents listed below (if applicable to your activities on or use of the Site) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by eMallFashion.com, each of which is incorporated herein by reference and each of which may be updated by eMallFashion.com from time to time without notice to you:

  • Terms of use
  • Privacy Policy
  • Copyright Policy
In addition, some services offered through the Site may be subject to additional terms and conditions published by eMallFashion.com 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.


Password: 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.com of any unauthorised use of your password or any breach of security. You also agree that eMallFashion.com 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.com without eMallFashion.com's express written permission.


Account Information: 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.com you must provide and maintain a valid PayPal account and postal address. Registered seller authorises us to verify his or her information from time to time while using eMallFashion services. 


Account Transfer: You may not transfer or sell your eMallFashion.com 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.


Account Ownership: eMallFashion.com sellers may operate one active selling account at any one time. If a secondary account is required then sellers must request written permission from eMallFashion.com. EMallFashion.com reserves the right to reject any application and may, at its discretion, terminate additional selling accounts without prior warning.


Right to Refuse Service: eMallFashion.com reserves the right to refuse service to anyone at any time. EMallFashion.com's services are not available to temporarily or indefinitely suspended eMallFashion.com members. EMallFashion.com reserves the right, in eMallFashion.com's sole discretion, to cancel unconfirmed, inactive accounts and any accounts that are not complied with eMallFashion.com's policies.


Fees and Services 

Opening a shop and listing on eMallFashion.com are free when you list minimum of 10 items. EMallFashion.com doesn't charge commission when the item sells. Re-activation fee is applicable to activate an account that has been disabled. EMallFashion.com's Fee Policy, which are subject to change, are incorporated into this Agreement by reference. Increase to the Fees for eMallFashion.com's services are effective after eMallFashion.com provides you with at least thirty (30) days' notice by emailing you the changes. However, eMallFashion.com may choose to temporarily change the Fees for it's services for promotional events; such changes are effective when eMallFashion.com posts the temporary promotional event on the Site. EMallFashion.com may decrease the fees as stated in the Fee Policy with no notice. EMallFashion.com may, at it's sole discretion, change some or all of eMallFashion.com's services at any time. In the event eMallFashion.com introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in Australian Dollar (AUD).


You are responsible for paying all fees and applicable taxes associated with using eMallFashion.com. You can Request Payment from sales after 14 days the order has been shipped to the customer, your earnings will be automatically released after deducted PayPal transfer fee and 5% affiliate commission (when applicable).  


All fees are inclusive of Australia's GST where applicable. In certain circumstances fees will not be subject to Australia GST but you may be liable to indirect taxes in your own country. EMallFashion.com recommends that you research whether you are liable to declare such taxes to the relevant tax authorities.


Fees and Termination: If eMallFashion.com terminates a listing or your account, if you close your account, or if the payment of your eMallFashion.com fees cannot be completed for any reason, you remain obligated to pay eMallFashion.com for all 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.


Listing and Selling 


Listing Description: All listings on eMallFashion.com must be for sale. By listing an item on the Site you warrant that you and all aspects of the item comply with eMallFashion.com's published policies. You also warrant that you may legally sell the item. You are 100% responsible on the accuracy of all information and up-to-date at all times, including prices, details on colours, sizes and stock availability. If the information provided is incorrect or misleading, you agree to indemnify us against all the loss, liability and cost incurred by us as a result. 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. If the "in stock" quantity is more than one, all items in that listing must be identical with the only exception being colour variations details of which must be included on the listing.


Guaranteed Order: In the event of an incorrect or over-sell caused by your failure to comply with the Listing Description obligation above, you shall refund full amount of the purchased price including shipping cost to eMallFashion.com within the next seven (7) days from the date of order secured.


Binding Sale: All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer within 24 hours upon Order Notification generated by the system, unless there is an exceptional circumstance, such as: the seller cannot authenticate the buyer's identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.


Fee Avoidance: 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.com transaction 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.com outside of the eMallFashion.com site, such as directly through PayPal. This may also constitute fee avoidance.


Prohibited, Questionable And Infringing Items And Activities 


You are solely responsible for your conduct and activities on and regarding to eMallFashion.com 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.com.


Restricted Activities: Your Content and your use of eMallFashion.com:

  1. Must not be false, inaccurate or misleading
  2. Must not be fraudulent or involve the sale of illegal, counterfeit or stolen items
  3. Must not involve the sale of real fur items. See our The Do's and Don't
  4. 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 (see also, eMallFashion.com's Copyright Policy)
  5. Must not violate 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)
  6. Must not contain items that have been identified as hazardous to consumers
  7. Must not be defamatory, libellous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including eMallFashion.com 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
  8. Must not be obscene
  9. 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
  10. Must not modify, adapt or hack eMallFashion.com or modify another website so as to falsely imply that it is associated with eMallFashion.com;.
  11. Must not link directly or indirectly, reference or contain discretions of goods or services that are prohibited under this Agreement or other policy documents as posted on eMallFashion.com.


Furthermore, you must not list any item on eMallFashion.com (or conclude any transaction that was initiated using eMallFashion.com's service) that, by paying to eMallFashion.com a fee, could cause eMallFashion.com to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Use.


Content 


License: eMallFashion.com does not claim ownership rights in your Content. You grant eMallFashion.com a licence solely to enable eMallFashion.com to use any information or Content you supply eMallFashion.com with so that eMallFashion.com is not violating any rights you might have in that Content. You grant eMallFashion.com a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other 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.com to store or re-format your Content on eMallFashion.com and display your Content on eMallFashion.com in any way as eMallFashion.com chooses. EMallFashion.com will only use personal information in accordance with eMallFashion.com's Privacy Policy.


As part of a transaction, you may obtain personal information, including email address and shipping information, from another eMallFashion.com user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for eMallFashion.com -related communications. EMallFashion.com has not granted you a licence to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any eMallFashion.com user to your email or physical mail list. For more information, see eMallFashion.com's Privacy Policy.


By uploading shop images to eMallFashion.com, you agree that eMallFashion.com has the right to use your images to promote eMallFashion.com and/or your shop in any external press as well as across all eMallFashion Websites.


Re-Posting Content: By posting Content on eMallFashion.com, it is possible for an outside website or a third party to re-post that Content. You agree to hold eMallFashion.com harmless for any dispute concerning this use. If you choose to display your own eMallFashion.com -hosted image on another website, the image must provide a link back to its listing page on eMallFashion.com.


Translations and Customer Reviews: We may translate, edit and publish customer reviews and your information. You will not permit to use these translations that we have made of your information nor our customer reviews for any other sales channels apart from our own. We cannot be held liable for the content of such translations or customer reviews.


Idea Submissions: eMallFashion.com considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the "Material") to be non-confidential and non-proprietary, and eMallFashion.com shall not be liable for the disclosure or use of such material. If, at eMallFashion.com's request, any member sends material to improve the site (for example through the forums or to customer support), eMallFashion.com will also consider that material to be non-confidential and non-proprietary and eMallFashion.com will not be liable for use or disclosure of the material. Any communication by you to eMallFashion.com is subject to this Agreement. You hereby grant and agree to grant eMallFashion.com, under all of your rights in the material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable 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.


Messaging 


Messaging is your way to communicate privately with other eMallFashion.com members. It’s essentially email, but purely for eMallFashion.com members. Messages are primarily intended for communicating about transactions and orders that are underway.

  • You must not use Messages to send unsolicited advertising or promotions, requests for donations or "spam”, or pass on email addresses or any other information on to third parties.
  • Spamming other members in order to ask them to ‘follow’ your own shop 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 not 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.com outside of the eMallFashion.com 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 Messages. You must contact support@eMallFashion.com to have your ability to send Messages reinstated.


Information Control 


EMallFashion.com does not control the Content provided by users that is made available on eMallFashion.com. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretence.


Additionally, there may also be risks dealing with international trade. By using eMallFashion.com, you agree to accept such risks and that eMallFashion.com (and eMallFashion.com 's officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any acts or omissions of users on eMallFashion.com. Please use caution, common sense, and practice safe buying and selling when using eMallFashion.com.


Other Resources: eMallFashion.com is not responsible for the availability of outside websites or resources linked to or referenced on the Site. EMallFashion.com 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.com 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.


Interactions With Other Users 


Users are solely responsible for interactions with others. Users understand that eMallFashion.com does not in any way screen its users. All users agree to exercise caution and good judgment in all interactions with others, particularly if meeting offline or in person.


Resolution of Disputes and Release 


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.com (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.com, for the benefit of users, may try to help users resolve disputes. EMallFashion.com 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.com attempts to resolve a dispute it will do so in good faith based solely on its policies. EMallFashion.com will not make judgments regarding legal issues or claims. 


In the event of chargeback submitted by buyer, eMallFashion.com will respond to credit card networks on behalf of seller. Seller agrees to provide any requested information to us within five calendar days of the request. In the event where seller lost the dispute or chargeback case, eMallFashion reserves the right to recoup funds associated with buyer chargeback, including full dispute amount and $25 chargeback fee from the bank.


EMallFashion.com's Intellectual Property 


EMallFashion.com, and other eMallFashion graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks or trade dress of eMallFashion and its subsidiaries. EMallFashion.com's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.


Breach 


Without limiting any other remedies, eMallFashion.com may, without notice, and without refunding any fees, delay or immediately remove Content, warn eMallFashion.com's community of a user's actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:

  • EMallFashion.com suspects a user has breached this Agreement, the Privacy Policy, The DOs & DON'Ts of eMallFashion.com, or other policy documents and community guidelines incorporated herein.
  • EMallFashion.com is unable to verify or authenticate any of your personal information or Content
  • EMallFashion.com believes that a user is acting inconsistently with the letter or spirit of EMallFashion.com's policies, has engaged in improper or fraudulent activity in connection with EMallFashion.com or the actions may cause legal liability or financial loss to EMallFashion.com's users or to EMallFashion.com.


Privacy


Except as provided in eMallFashion.com's Privacy Policy, eMallFashion.com will not sell or disclose your personal information (as defined in the Privacy Policy) to third parties without your explicit consent.


No Warranty 


EMALLFASHION.COM, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS PROVIDE EMALLFASHION.COM'S WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. EMALLFASHION.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM EMALLFASHION.COM SHALL CREATE ANY WARRANTY. 


Liability Limit 


IN NO EVENT SHALL EMALLFASHION.COM, AND (AS APPLICABLE) ITS OFFICERS, DIRECTORS, EMPLOYEES OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, EMALLFASHION.COM'S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. 


EMALLFASHION.COM'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF EMALLFASHION.COM'S OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE MAXIMUM LIABILITY OF THE AGGREGATE FEES RECEIVED OR PAID IN THE PRECEDING MONTH. 


Indemnity


YOU AGREE TO INDEMNIFY AND HOLD EMALLFASHION.COM AND (AS APPLICABLE) EMALLFASHION's PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE LEGAL FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY. 


No Guarantee 


EMallFashion.com does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside eMallFashion.com's control.


Legal Compliance; Taxes 


You shall comply with all applicable domestic and international laws and regulations regarding your use of the Site and any eMallFashion.com service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site.


Severability 


If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.


No Agency 


You and eMallFashion.com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.


EMallFashion.com Service 


EMallFashion.com reserves the right to modify or terminate the eMallFashion.com service for any reason, without notice, at any time. EMallFashion.com reserves the right to alter these Terms of Use or other Site policies at any time, so please review the policies frequently. If eMallFashion.com makes a material change, eMallFashion.com will notify you here, by email, by means of a notice on our home page, or other places EMallFashion.com deems appropriate. What constitutes a "material change" will be determined at EMallFashion.com 's sole discretion, in good faith, and using common sense and reasonable judgment.


Choice of Law 


This Agreement shall in all respects be interpreted and governed by the laws of Australia.


Survival 


Sections eMallFashion.com Is A Venue, Membership Eligibility, Fees And Services, Listing And Selling, Prohibited, Questionable And Infringing Items And Activities, Content, Information Control, Interactions With Other Users, Resolution Of Disputes And Release, eMallFashion.com's Intellectual Property, Breach, Privacy, No Warranty, Liability Limit, Indemnity, No Guarantee, Legal Compliance; Taxes, Severability, No Agency, eMallFashion.com Service, Choice of Law, Survival, Notices, Disclosures shall survive any termination or expiration of this Agreement.


Notices 


Except as explicitly stated otherwise, any notices shall be given by email to support@emallfashion.com, or in your case, to the email address you provide to eMallFashion.com (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, eMallFashion.com may give you notice by post to the address provided to eMallFashion.com. In such case, notice shall be deemed given three days after the date of posting.


For issues with intellectual property, please provide the notice as specified in eMallFashion.com's Copyright Policy.


Disclosures 


The services hereunder are offered by eMallFashion.com


Update: 24/06/2015