eMall Global reserves the right at any time and at its sole discretion to modify, refuse (to anyone for any reason) or discontinue, temporarily or permanently, the Website,(or any part thereof) as well as to modify the Terms with or without any notice. You agree that eMall Global shall not be liable to you or to any third party for any claim or loss related to you and arising out of such modification, suspension, amendment or discontinuance of the Service.
It is your responsibility to regularly check the Website to determine if there have been changes to these Terms and to review such changes. If you do not agree to these or any future Terms, please do not use (or continue to use) our Services. At its sole discretion, eMall Global also may offer other services or features governed by different terms and conditions.
eMall Global acts as an agent for purposes of processing payments, chargebacks, refunds, customer service and adjustments for transactions between buyers and merchants, receiving and holding transaction amounts on behalf of buyers, charging buyers’ credit cards, and paying merchants amounts buyers owe them.
eMall Global is financially liable for chargebacks to merchants and resolves disputes between buyers (cardholders) and merchants. Chargebacks related to customers and associated with fraud related risks shall be investigated by eMall Global and payment service providers in accordance with their mutual contractual obligations.
Please feel free to contact eMall Global Support at [email protected] with any questions or concerns.
When you access our Website, we process the information about you (that we consider anonymous) and transfer it to the third parties. If you prefer to remain anonymous and decided not to register on eMall Global and not to use our Services, this anonymous information will be deleted shortly after your session is terminated.
Should you wish to use our Service or to register at our platform, by accepting these Terms you explicitly agree, that you authorize AliNull OÜ “eMall Global” as a data controller and any other authorized part, division or partner of eMall Global (as the data processors) to use various media sharing and communication tools (including services provided by the third parties), that will help us to generate a personalized and tailor made Content for you, including the advertisements. eMall Global is in that case entitled by you to obtain, process and/or transfer to our partners any of your personal data (as an identified natural person) solely for the purposes of enabling Service or any other cause in connection therewith.
In case you have used our Website, or have been registered on our platform before 10 Dec, 2019 you might either agree to these Terms (if you wish us to keep your personal data, provided to us earlier and continue to enjoy our platform in a personalized mode) or to delete all the previously provided information in case you do not accept our Terms when you first use our Website after the 10 Dec, 2019.
Any user IDs, names or passwords associated with your account shall be maintained by you as confidential and shall not be shared by you with anyone not authorized to have access to your personal information. You may have multiple accounts on eMall Global, but eMall Global strictly forbids the use of multiple accounts for the same sole user or the use of one account for multiple users for the purpose of earning more rewards. eMall Global will not honor rewards from such accounts.
Unless explicitly stated otherwise, any new feature or functionality that augments or enhances the current Service, including the release of or access to new properties, shall be subject to these Terms.
Each user warrants and agrees that any information you post or display shall:
By accepting these Terms, you entitle us to contact you through email (if you share it with us), mobile phone (if you share it with us) and other ways through our Services, including push notifications. We will send you notifications about our Services, security, or other Service-related issues and promotional messages. You may change your communication preferences at any time by adjusting your personal settings or by sending us your request via [email protected] be aware that you cannot opt-out of receiving service messages from us, including security and legal notices.
eMall Global has the right, but not the obligation, to monitor, decline, edit or remove all or a portion of any postings, submissions or content in eMall Global’s sole discretion. By using Website or communicating with eMall Global or others by means of your access to Website, you consent to receive communications from eMall Global, including but not limited to, emails, text or messages in social networks, and other online, mobile, or conventional methods as exist now or may exist in the future. You also agree not to misuse the communication tools available to you by means of your access to Website, including but not limited to, spamming, spoofing, sending unsolicited commercial or other messages, and otherwise sending content that violates these Terms.
Website and all the components and features thereof, Content and all intellectual property rights included in or associated therewith, including, but not limited to patents, copyrights, trademarks, service marks, logos, know how are either owned by eMall Global or owned by the third parties and licensed to us. All rights, title and interest in and to the listed above in this paragraph remains with us or our licensors. Additionally, you may not remove or alter any copyright, trademark, or other intellectual property or proprietary rights notice or legend contained on the Website or in the Content. You undertake not to access the Service by any means other than through the interface eMall Global provides via the Website for the access to Service. Your use of the Website, does not grant you any right, license or permission of any kind to reproduce or use eMall Global’s intellectual property and/or content, as well as any parts thereof.
The Content is provided for general information only. It is not intended to amount to advice on which you should rely, therefore eMall Global shall not be deemed liable for any damages or harm (both — economic and non-economic losses) thereof. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the Content on our Website.
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the Content on our site is accurate, complete or up to date.
eMall Global welcomes your feedback via the email addresses indicated for specific purposes, but if you send us or post or embed on Website, any feedback, messages or comments; your creative or original concepts or ideas; any content, data, text, photographs, graphics or other materials; or any confidential, proprietary or other information (a “Submission”), you represent and warrant to eMall Global that you either own the Submission or have the right to grant eMall Global the license set out below.
You agree that in using all or part of a Submission, eMall Global shall not be required to compensate you for any such license or Submission in addition to the provided possibility to utilize the Service, that any such Submission shall not be considered confidential or non-public once submitted to eMall Global, and that eMall Global alone is free to decide whether to post or use all or any part of the Submission. In the event that all or part of a Submission is posted or used via the Service, you acknowledge and agree that the Submission and its content become publicly available and, as set forth below, can be used by others. Further, by providing a Submission to eMall Global via Website, or otherwise, you: (a) agree not to make any Submission that violates in any way these Terms or which includes Inappropriate content as defined below; (b) automatically grant eMall Global a perpetual, worldwide, unlimited, irrevocable, transferable, assignable, sub-licensable license to use the Submission, and exercise all copyright, publicity and other rights with respect to any such Submission; © subject to existing laws, waive any moral rights you or your licensors have in any such Submission; and (d) agree to pay for all fees, royalties, or other costs and expenses claimed by any third party arising out of any use by us or any of our licensees of any Submission. You also grant each user of the Service a perpetual, worldwide, non-exclusive license to access your Submission through the Service, and to use, reproduce, collect, distribute, share, display and perform such Submission as permitted through the Service and under these Terms.
eMall Global reserves the right to remove content at any time with or without any notice. Inappropriate content is not permitted on the Website. Inappropriate content includes, but is not limited to: firearms, alcohol, illegal drugs and drug paraphernalia, tobacco and tobacco products, adult or pornographic material, offensive material, and obscene material. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy. Verbal or written abuse of any kind (including threats of abuse or retribution) of any eMall Global’s, employee, officer, partner or customer may result in immediate termination of your accounts.
We are not responsible for viruses, spyware, worms or any other malicious software or code and you must not introduce them.
This website may include information and materials uploaded by other users of the site, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.
eMall Global shall have the right to terminate your use of Website, and/or your registration privileges at any time for any reason, including, but not limited to, your breach of these Terms, or your violation of any law, including, without limitation, violations of our intellectual property rights or the intellectual property rights of a third party, or violations of other applicable laws and regulations. Following any such termination, eMall Global shall have no further obligations, responsibilities, or liabilities to you or any third party. Notwithstanding anything to the contrary contained herein, in the event that eMall Global terminates your use rights, eMall Global shall in no way be precluded from pursuing any and all of its additional rights and remedies, either at law or in equity, for any claims, damages, awards, costs and/or liabilities occasioned by any such breach or violation.
Website, may contain links to third-party websites not under our control or operation. eMall Global or users may provide any such links only as a convenience; eMall Global does not endorse and is not responsible for or have control over the contents of any linked site or any link contained in a linked site. The Website and may contain news, advertisements, content, image and information published by various third-party providers. Use of any such third-party content may be conditioned upon such third party’s terms and conditions. You are solely responsible for protecting yourself, your device, and your systems from worms, viruses, Trojan horses and any other harmful content.
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists, and you must not establish a link to our site in any website that is not owned by you. The website in which you are linking must comply in all respects with our content standards from time to time.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without any notice at any time.
Since we respect artist and content owner rights, it is eMall Global’s policy to consider notices of alleged infringements.
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on eMall Global, please notify eMall Global’s copyright agent at [email protected] When filing your report, please provide the following information:
In an effort to comply with consumer legislation, we strongly encourage our merchants as well as our end customers to maintain good standing with respect to custom and value-added taxes or VAT, where applicable.
Due to separate and applicable tax jurisdictions, the end customers’ purchases may be subject to specific sales, custom or value-added taxes, (and it is your responsibility to pay these, if applicable), and the shipping time and associated cost may increase. When ordering via the Website you are importer of goods and must fully comply with all laws and regulations of the destination country.
It is easy to make a purchase from the eMall Global website.
You will be entitled to a full refund if:
You should return the product to the merchant. Don’t forget to contact our customer support team to clarify the return address before you return the product, otherwise eMall Global reserves the right to reject your refund request. Only after the support team has received a proof of the return shipment can a refund be considered. We aim to respond to all requests within 72 hours upon receiving.
The following products cannot be returned unless received defective:
Goods damaged by abuse or negligence (exposure to chemicals, caustic substances, open flame, high heat, sharp object, etc.) and/or by misuse or activities other than the intended purpose are also not returnable.
eMall Global does not cover the shipment costs of returns.
You may be entitled to a partial refund if:
There are several ways to request a refund:
Warranty Disclaimer. Neither eMall Global nor its licensors or suppliers makes any representations or warranties concerning any content contained in or accessed through the Service, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Service. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Service. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Service are provided “AS IS” and without any warranty of any kind from eMall Global or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). THE SERVICE AND CONTENT ARE PROVIDED BY eMall Global (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. For products shipped internationally, please note that any manufacturer warranty may not be valid; manufacturer service options may not be available; product manuals, instructions and safety warnings may not be in destination country languages; the products (and accompanying materials) may not be designed in accordance with destination country standards, specifications, and labeling requirements; and the products may not conform to destination country voltage and other electrical standards (requiring use of an adapter or converter if appropriate). You are responsible for assuring that the product can be lawfully imported into YOUR country. When ordering from THE WEBSITE ,YOU ACT AS THE importer and must THEREFORE comply with all laws and regulations of YOUR country.
LIMITATION OF LIABILITY. WE DO NOT EXCLUDE OR LIMIT IN ANY WAY OUR LIABILITY TO YOU WHERE IT WOULD BE UNLAWFUL TO DO SO. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS, OR SUBCONTRACTORS AND FOR FRAUD OR FRAUDULENT MISREPRESENTATION. HOWEVER TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT (INCLUDING NEGLIGENCE), CONTRACT, BREACH OF STATUTORY DUTY, STRICT LIABILITY, OR OTHERWISE) SHALL eMall Global (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY DAMAGES (EVEN IF FORESEEABLE) RESULTING FROM YOUR SELECTION, OR USE OF, OR INABILITY TO USE, OR THE SUITABILITY OF THE WEBSITE AND ANY USE BY YOU, OR RELIANCE BY YOU ON, OF THE INFORMATION, CONTENT, MERCHANDISE, AND EXPERIENCES PROVIDED VIA THE WEBSITE OR PURCHASE OR USE OF PRODUCTS, MERCHANDISE, OR EXPERIENCES VIA THE WEBSITE, INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOSS OF PROFITS, SALES, BUSINESS, OR REVENUE, LOSS OF GOODWILL BUSINESS OPPORTUNITY, GOODWILL OR REPUTATION OR ANTICIPATED SAVINGS, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) 100 EUR OR (II) THE AMOUNTS PAID BY YOU TO eMall Global IN CONNECTION WITH THE SERVICE IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (III) ANY MATTER BEYOND OUR REASONABLE CONTROL.
Indemnity. To the fullest extent allowed by applicable law, you agree to indemnify and hold eMall Global, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses, and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Service (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
Assignment. You may not assign, delegate, or transfer these Terms or your rights or obligations hereunder, or your Service account, in any way (by operation of law or otherwise) without eMall Global’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
These Terms and your use of the Service will be interpreted in accordance with the laws of Estonia, and all claims and disputes (including non-contractual claims and disputes) arising out of or in connection with your use of the Service will be determined in accordance with the laws of Estonia. If you are a consumer and have your habitual residence in the EU, you additionally enjoy the protection afforded to you by mandatory provisions of the law of your country of residence. We both agree to submit to the non-exclusive jurisdiction of the courts of the district of Tallinn, which means that you may bring a claim to enforce your consumer protection rights in connection with these Conditions of Use in Tallinn or to the competent court of the country of your residence.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class or representative action. Furthermore, unless both you and eMall Global expressly agree otherwise, more than one person’s claims shall not be consolidated.
We each waive our right to a jury trial.
YOU THEREFORE UNDERSTAND AND AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND eMall Global ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION FOR ANY CLAIMS COVERED BY THIS AGREEMENT.
Waiver of Class Actions. Please read this carefully. It affects your rights. YOU AND eMall Global AGREE THAT ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF, OR RELATING TO YOUR USE OF THE SERVICE, TO ANY PRODUCTS OR SERVICES SOLD OR DISTRIBUTED BY OR THROUGH THE SERVICE, TO THIS AGREEMENT, OR TO THE CONTENT, AND/OR USER SUBMISSION (PUBLIC, PERSONAL AND/OR LIMITED AUDIENCE) ON THE SERVICE SHALL BE RESOLVED ONLY DURING THE PROCEEDING STIPULATED ABOVE.
“Disputes” shall include, without limitation, any claims or controversies between you and eMall Global related in any way to or arising out of in any way from the Service, the Content, any Submission, including, without limitation, claims or controversies concerning any sales, returns, refunds, cancellations, defects, policies, privacy, advertising, or any communications between you and eMall Global, even if the claim arises after you or eMall Global has terminated Service or a user account. Disputes also include, without limitation, claims that: (a) you bring against our employees, agents, affiliates, or other representatives; or (b) that eMall Global brings against you. Disputes also include, without limitation, (i) claims in any way related to or arising out of any aspect of the relationship between you and eMall Global, whether based in contract, tort, statute, fraud, misrepresentation, advertising claims, or any other legal theory; (ii) claims that arose before these Terms or out of a prior set of Terms with eMall Global; (iii) claims that are subject to on-going litigation where you are neither a party, nor a class member; and/or (iv) claims that arise after the termination of these Terms.
Before initiating any dispute or any court proceedings, you and eMall Global each agree to first provide the other a written notice (“Notice of Dispute”) that shall contain: (a) a written description of the problem and relevant documents and supporting information; and (b) a statement of the specific relief sought. A Notice of Dispute sent to eMall Global should be sent to: 78-1, Pille tn 7/5-13 Tallinn Harjumaa 10135 and emailed to [email protected] eMall Global will provide a Notice of Dispute to you via the email address associated with your eMall Global User ID. You and eMall Global agree to make attempts to resolve the Dispute during the period of 45 days after a Notice of Dispute is given and not to initiate any court proceedings until this 45-day post-notice resolution period expires.
You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Service, provided that eMall Global may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit.
The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable.
You and eMall Global agree that these Terms are the complete and exclusive statement of the mutual understanding between you and eMall Global, and that it supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of these Terms.