eMall Terms and Conditions
1.
Introduction
Welcome to E-Mall.com.sa These are
the terms and conditions governing your access to and use of the website e-mall.com.sa. and its related sub-domains, sites,
services and tools. By accepting these terms and conditions (including the linked
information herein), and by using the Site, you represent that you agree to comply
with these terms and conditions with e-mall.com.sa by Saudi Post and can be named
(we", "the Site", us or E-Mall) in relation to your use of the Site (the terms
and conditions). This terms and conditions is effective upon activation your account.
2.
Eligibility for Membership
The Site is not available to persons
whose membership has been suspended or withdrawn by E-Mall Further, if you are registering
as a business entity, you represent that you have the authority to bind that entity
to this terms and conditions and that you and the business entity will comply with
all applicable laws relating to online trading. No person or business entity may
register as a member of the Site more than once.
3. Your Account and Registration Obligations
When you register as a member of the Site you have been or will be required to provide
certain information and register a username and password for use on this Site.
On becoming a member of the Site, you agree:
1- You are responsible for maintaining the confidentiality of, and restricting access
to and use of, your account and password, and accept responsibility for all activities
that occur under your account and password. You agree to immediately notify E-Mall
of any unauthorized use of your password or account or any other breach of security.
In no event will E-Mall be liable for any direct, indirect or consequential loss
or loss of profits, goodwill or damage whatsoever resulting from the disclosure
of your username and/or password. You may not use another persons account at any
time, without the express permission of the account holder. You agree to reimburse
E-Mall for any improper, unauthorized or illegal use of your account by you or by
any person obtaining access to the Site, services or otherwise by using your designated
username and password, whether or not you authorized such access.
2- You will provide true, accurate, current and complete information about yourself
as prompted by E-Mall's registration form.
3- You will not include: (i) any of your contact details, including but not limited
to email addresses, telephone numbers or other personal details; or (ii) the word
"E-Mall" in your registration user ID.
4-You will treat any other members information provided to you (in accordance with
these terms and conditions and the information on the Site) by E-Mall or any other
user as confidential.
5- You will maintain and promptly update the Registration Data to keep it true,
accurate, current and complete. If you provide any information that is untrue, inaccurate,
not current or incomplete or if E-Mall has reasonable grounds to suspect that such
information is untrue, inaccurate, not current or incomplete, or not in accordance
with this terms and conditions, without prejudice to any other rights and remedies
of E-Mall under this terms and conditions or at law, E-Mall has the right to indefinitely
suspend, limit or withdraw your access to the Site and/or your membership of the
Site.
E-Mall may (in its sole discretion and at any time), make any inquiries it considers
necessary (whether directly or through a third party), and request that you provide
it with further information or documentation, including without limitation to verify
your identity and/or ownership of your financial instruments. Without limiting the
foregoing, if you are a business entity or registered on behalf of a business entity
such information or documentation may include your trade license, other incorporation
documents and/or documentation showing any persons authority to act on your behalf.
You agree to provide any information and/or documentation to E-Mall upon such requests.
You acknowledge and agree that if you do not, E-Mall without liability may limit,
suspend or withdraw your access to the Site and/or your membership of the Site.
We also reserve the right to cancel unconfirmed / unverified accounts or accounts
that have been inactive for a long time.
4. Electronic Communications
You agree that we may communicate with you by email or by posting notices on the
Site. You agree that all agreements, notices, disclosures and other communications
that we provide to you electronically satisfy any legal requirement that such communications
be in writing. E-Mall will send you promotional emails to let you know about any
new changes, features or promotional activities added to the Site.
5. Amendments to this terms and conditions
You acknowledge and agree that E-Mall shall endeavor to give you notice for any amendment to this terms and conditions that materially increases your obligations or decreases your rights under the terms and conditions in accordance with the terms of this terms and conditions. You acknowledge and agree that E-Mall at its sole discretion and without liability may make amendments that are not Substantial Amendments without your further specific agreement at any time with immediate effect by posting a notice of the amendment on the Site.
The Site is an online platform allowing for the sale and purchase of items between
end-user buyers and stores. Membership on the Site is free. E-Mall does not charge
any fee for browsing, E-Mall charges the shipping fees which is 20 SR to all buyers.
Users can choose from two payment methods that E-Mall offers. SADAD payment system
and Credit Cards. Or through any other Payment method introduced by E-Mall at any
time in the future. E-Mall monitors and facilitates the payments and does not participate
in any transaction. E-Mall is not responsible to verify each user identity and E-Mall
receives no liabilities from your online transactions. Any unpaid transaction will
be cancelled after 3 days. All the prices have been provided by the stores and E-Mall
has no control on them. The refund and return policy depends on each store's terms
and conditions, and E-Mall does not control these policies.
7. Your Information
You grant E-Mall a non-exclusive, worldwide, perpetual, irrevocable, royalty-free,
sub-licensable (through multiple tiers) right to use any information or material,
personal or otherwise, that you provide to us or other users of the Site and/or
post on the Site in the registration, buying process, in the feedback area or through
any e-mail or by way of any other feature or use of the Site for the purposes of
operating and promoting the Site in accordance with this terms and conditions and
the Privacy Statement . You are solely responsible for the Information, and we act
as a passive conduit for your online distribution and publication of the Information.
8. Use of the Site
While using the Site, you will not:
post Information that is (in our sole discretion) false, fraudulent, inaccurate,
misleading, libelous, defamatory, slanderous, unlawfully threatening or would be
reasonably considered to constitute harassment.
circumvent or manipulate the billing process, or fees owed to E-Mall;
distribute viruses, Trojan horses, worms, time bombs, cancel bots, Easter eggs
or other computer programming technologies that may harm the Site.
attempt to take over another users account or carry out any hacking or phishing
of the Site or user accounts and related features.
abuse E-Mall Shipping Policy , and other policies or terms and conditions posted
on the Site from time to time.
You undertake, represent and warrant that:
you will inform E-Mall of any postings which appear to be in violation
of this terms and conditions.
you shall comply with all applicable domestic and international laws and regulations
regarding and relating to your use of the Site.
you will not disclose your contact details including but not limited to phone
numbers, addresses, or email addresses in anywhere on the Site including the feedback
area.
9. Copyright
All content included on the Site, including but not limited to text, graphics, logos,
button icons, images, audio clips, digital downloads, data compilations and software,
is the property and copyright work of either E-Mall, its users, its content suppliers
or its licensors and is protected by copyright, trademarks, patents or other intellectual
property rights and laws. The compilation of the content on the Site is the exclusive
property and copyright of E-Mall and is protected by copyright, trademarks, patents
or other intellectual property rights and laws.
10. Trademarks
E-Mall and related logos, and other words and logos are protected by international
trademark and other intellectual property rights and laws.
11. Buyer Protection
E-Mall cares about the buyers rights and we aim to deliver their purchases as they ordered them.
1- In case that a user bought a product and did not receive the product or received a different product , then the user should not receive the product.
2- After the receipt of the product E-Mall cannot take any steps if the product is damaged or different from the one listed in E-mall's store. However, the user can contact the store directly.
12. Liability of E-Mall
E-Mall does not buy or sell items.
E-Mall is not and cannot be a party to or control in any manner any transaction
and the Site cannot guarantee that a buyer or stores will complete a transaction
or accept the return of an item or provide any refund for the same.
E-Mall is not responsible for unsatisfactory
or delayed performance, losses, damages or delays as a result of items which are
unavailable.
E-Mall has no control over and does not guarantee the quality, safety or legality
of items advertised, the truth or accuracy of users content, or the ability of
buyers to pay for items.
E-Mall accepts no liability for any errors or omissions, whether on behalf of
itself or third parties.
E-Mall excludes all implied warranties, terms and conditions and is not liable
for any loss of money, goodwill or reputation, or any special, indirect or consequential
damages arising directly or indirectly, out of your use of or your inability to
use the Site.
You release and indemnify E-Mall and/or any of its officers and representatives
in respect of any claim, demand, dispute, cost, damage, liability or other consequence
(direct or indirect) of any of the actions of the users of the Site and you specifically
waive any claims that you may have in this behalf under any applicable law.
13. Privacy
E-Mall takes reasonable measures (physical, organizational and technological) to
safeguard against unauthorized access to your personally identifiable information
and to safely store your personally identifiable information. However, the Internet
is not a secure medium and the privacy of your personal information can never be
guaranteed. E-Mall has no control over the practices of third parties (e.g. website
links to this Site or third parties who misrepresent themselves as you or someone
else). You agree that E-Mall may process your personal information that you provide
to it for the purposes of providing the services on
E-Mall and for sending marketing communications to
you, and that the Privacy Statement of this Site governs our collection, processing,
use and any transfer of your personally identifiable information.
14. Breach of Terms and Conditions
Without prejudice to any other rights and remedies of E-Mall under this terms and
conditions or at law or otherwise, E-Mall may immediately and without liability:
limit your activity, warn other users of your actions, temporarily / indefinitely
suspend, limit or withdraw your membership, and/or limit or withdraw your access
to the Site:
If you breach this terms and conditions.
If E-Mall is unable to verify or authenticate any information you provide.
If E-Mall believes (in its sole discretion) that your actions may cause legal
liability for you, other users or E-Mall.
E-Mall may at any time at its sole discretion reinstate suspended users.
A user that has been indefinitely suspended or had their membership withdrawn may
not register or attempt to register with E-Mall or use the Site in any manner whatsoever
until such time that such user is reinstated by E-Mall. despite the foregoing, if
you breach this terms and conditions E-Mall reserves the right to recover any amounts
due and owing by you to E-Mall or any losses and damages caused by you to E-Mall
and to take such steps including legal action and/or the initiation of criminal
proceedings against you as E-Mall in its sole discretion deems necessary.
Our failure to act with respect to a breach by you or others does not constitute
a waiver of E-Malls right to take any actions with respect to that, or subsequent
or similar breaches.
E-Mall does not guarantee that it will take action against all
breaches that there may be of this terms and conditions.
15. Buying process
All purchases on the Site are a commitment by you to complete the purchase of the
item on which you have purchased. If you are purchaser for any item and Purchase
is accepted by the store, you are obligated to complete the transaction with the
store.
In order for you to qualify and be identified as, the following priority parameters
are applied by E-Mall:
By purchasing an item you agree to
be bound by the conditions of sale included by the store in the item's description
on the Site (so long as those conditions of sale are not in violation of the terms
and conditions or are not in compliance with applicable laws). You agree not to
test the Site with purchases, nor to use a false name, other false personal information
or use an unauthorized or known invalid credit card to Purchase. All unpaid purchases
will be cancelled after 3 days. Without prejudice to the rights and remedies available
to E-Mall under the terms and conditions or at law, E-Mall may take such steps as
it deems appropriate or necessary including taking legal action against users who
intentionally enter erroneous, fictitious or fraudulent Purchases. Please be aware
that even if you do not give E-Mall
your real name, your web browser transmits a unique address to us, which can be
used by law enforcement officials to identify you. E-Mall reserves the right to
cancel or reject any purchasing process paid or unpaid.
16. Providing Feedback
E-Mall encourages buyers on the Site to provide feedback. E-Mall will not be responsible
or liable in any way for the feedback that you send or post on the Site.
17. Withdrawal of Access and/or Membership
Without prejudice to any other rights and remedies of E-Mall under the terms and
conditions or at law or otherwise, E-Mall may limit, suspend or withdraw your membership
and / or your access to the Site at any time, without notice, for any reason, including
without limitation, breach of the terms and conditions.
18. No Warranty
Warranty and guarantee of any item listed in E-Mall is related to its store's terms
and conditions. The nature of Internet communications means that this Site may be
susceptible to data corruption, interception, non-availability and delays. The Site
may also be unavailable from time to time due to repairs, maintenance or development
work. You agree that E-Mall has no obligation to provide support for the Site. You
expressly agree that you use the Site at your own risk.