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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The Site is not available to persons whose membership has been suspended or withdrawn by E-Mall Further, if you are registering as a business entity, you represent that you have the authority to bind that entity to this terms and conditions and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 person’s 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 member’s 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 person’s 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.
6. Fees and Services
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 user’s 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-Mall’s 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.
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