THE FOLLOWING DESCRIBES THE TERMS ON WHICH MallMagnet.com OFFERS YOU ACCESS TO OUR SERVICES. Welcome to the user agreement (the “Agreement” or “User Agreement”) for MallMagnet.com. This Agreement describes the terms and conditions applicable to your use of our services available under the domain and sub-domains of MallMagnet.com (the “Site”) and the general principles for the websites of our subsidiaries and affiliates. If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our services.
We may amend this Agreement at any time by posting the amended terms on the Site. Except as stated below, all amended terms shall automatically be effective 30 days after they are initially posted on the Site. This Agreement may not be otherwise amended except in a writing signed by you and MallMagnet.com. This Agreement is effective upon acceptance in registration for new registering users.
Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended members of MallMagnet.com. If you are a person under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our Site. Further, your account on MallMagnet.com (including feedback) and User ID may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.
Fees and Services
Joining MallMagnet.com is free. We do charge fees for listing items for sale through our Site and when you list an item you have an opportunity to review and accept the fees that you will be charged. We may change our fees for our services from time to time. Our changes to the policy are effective after we provide you with at least fourteen (14) days’ notice of the changes by posting the changes on the Site. However, we may choose to temporarily change our Fees and Credits Policy and the fees for our services for promotional events (for example, free listing days) and such changes are effective when we post the temporary promotional event on the Site.. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in INR. You are responsible for paying all fees associated with using our service and the Site and all applicable taxes.
We use many techniques to verify the accuracy of the information our users provide us when they register on the Site. However, because user verification on the Internet is difficult, MallMagnet.com cannot guarantee and does not confirm each user’s purported identity. Thus, we have established a user-initiated feedback system to help you evaluate with whom you are dealing. We also encourage you to communicate directly with potential trading partners through the tools available on the Site. You can be sure that sellers have their own Terms of Service which you will need to agree to before using their services. By using this Site, you agree to accept such risks and MallMagnet.com is not responsible for inaccurate information.
We do not control the information provided by other users that is made available through our system. You may find other user’s information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the Site. Please note that there are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using this Site, you agree to accept such risks and MallMagnet.com is not responsible for the acts or omissions of users on the Site.
“Your Information” is defined as any information you provide to us or other users in the registration, bidding or listing process, in any public message area (including the Forums or the feedback area) or through any email feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.
MallMagnet.com is a Venue, it is not an Auctioneer.
Although we are commonly referred to as an online Shopping web site, it is important to realize that we are not a traditional “auctioneer.” Instead, the Site acts as a venue to allow anyone to offer, sell, and buy just about anything, at anytime, from anywhere, in an auction-style pricing format commonly referred to as “online shopping”. We are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. We cannot ensure that a buyer or seller will actually complete a transaction. Consequently, we do not transfer legal ownership of items from the seller to the buyer. Legal ownership of an item is transferred upon physical delivery of the item to the buyer by the seller.
This is a 3rd Party Selling Process, MallMagnet is online selling and buying service space provider on the web, Sellers and Buyers needs to verify thoroughly before any transaction takes place. MallMagnet does not give any kind of gurantee, warranty of the item or MallMagnet does not deal directly with the transaction taking place between buyer and sellers.
Because we are a venue, in the event that you have a dispute with one or more users, you release MallMagnet.com (and our officers, directors, agents, subsidiaries, joint ventures and employees) from 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. You also release rights in kind which are otherwise granted by the local ordinances of the governing body residing over the specific location in which MallMagnet.com is legally founded..
Listings/Sales – Listing Description
You must be legally able to sell the item(s) you list for sale on the Site. You must describe your item and all terms of sale on the listing page of the Site. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All listed items must be listed in an appropriate category. All items in multiple item listings must be identical.
Without limiting any other remedies, MallMagnet.com may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or 3rd Party investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.
If the item is not received by the buyer then full amount will be refunded. If returns or cancellations, Normally from MallMagnet side there is no order cancellation, if unfortunately you have to cancel the order, in most cases there will be minus shipping cost and transaction fee(Since Paid Shipping and Bank transactions cannot be rolled back) or as agreed by specific seller*.
By listing your product on this Site, you ensure that listed items do not infringe upon the copyright, trademark or other rights of third parties. Anyone can report listings offering infringing items, and request that such items be removed.
Your Information (or any items listed) and your activities on the Site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent or involve the sale of counterfeit or stolen items; (c) infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain adulty & child pornography (g) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (i) link directly or indirectly to or include descriptions of goods or services that: (aa) are prohibited under this Agreement; (bb) are identical to other items you have up for shopping but are priced lower than your item’s reserve or minimum bid amount; (cc) are concurrently listed for sale on a web site other than MallMagnet.com’s (this does not prevent linking to or advertising an item on MallMagnet.com from another web site); or (dd) you do not have a right to link to or include. Furthermore, you may not list any item on the Site (or consummate any transaction that was initiated using our service) that, by paying to us the listing fee or the final value fee, could cause us to violate any applicable law, statute, ordinance or regulation, or that violates our current Prohibited and Restricted items list.
Prohibited and Restriced Items
Unless otherwise mentioned or amended to this agreement or Site, the following items are either legally Prohibited or Restricted by sale to the general public by most local governing agencies and/or MallMagnet.com.
Brand Name Misuse
Charity or Fundraising Listings
Compilation and Informational Media
Counterfeit Currency and Stamps
Faces, Names and Signatures
Firearms, Ammunition, Replicas, and Militaria
Hazardous, Restricted, and Perishable Items
Human Parts and Remains
Prescription Drugs and Devices
Weapons & Knives
On MallMagnet.com, the Site founder has the option of allowing sellers to manipulate the price of any item they offer, effectively allowing the seller to change the items minimum bid at will. You may not interfere with other user’s listings or transactions without having a prior intent to buy the item in good faith at any price you place a bid at. IN ALL CASES BOGUS BIDDING IS PROHIBITED. None the less, any bidder taking advantage of this fact is obligated to follow the Sites policies regarding Bidding and Buying.
You may not take any actions that may undermine the integrity of the feedback system. We may limit the number of bids and listings you may place on the Site based upon the level of your feedback. If you earn substantial negative feedback, your membership may be suspended, and you may be unable to list or bid.
You acknowledge that your feedback consists of comments left by other users and a composite feedback number compiled by MallMagnet.com, and that the composite number without the comments does not convey your full user profile. Because feedback ratings are not designed for any purpose other than for facilitating trading between MallMagnet.com users, you agree that you shall not market or export your feedback rating on MallMagnet.com in any venue other than MallMagnet.com operated websites.
We do not provide you the technical ability to import feedback from other (non-MallMagnet.com operated) websites to MallMagnet.com because a composite number, without the corresponding feedback does not reflect your true online reputation within our community.
WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some governing bodies do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from governing body to governing body.
IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) 5000 INR. Some governing bodies do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ 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.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.
You and MallMagnet.com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Except as explicitly stated otherwise, any notices shall be given by postal mail to the Site’s posted legal address (in the case of MallMagnet.com) or to the email address you provide to MallMagnet.com during the registration process (in your case). If the Sites posted legal address is not apparent, you may request it of any official representative of MallMagnet.com. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to MallMagnet.com during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
Resolution of Disputes
In the event a dispute arises between you and MallMagnet.com, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and MallMagnet.com agree that any claim or controversy at law or equity that arises out of this Agreement or our services (“Claims”) shall be resolved in accordance with one of the subsections below or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution and we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.
For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than 10,000 INR, you or MallMagnet.com may elect to resolve the dispute through binding arbitration conducted by telephone, on-line and/or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by an arbitration provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Alternatively, any Claim may be adjudicated by a court of competent jurisdiction in which MallMagnet.com is legally founded or the Sites principal place of business. You and MallMagnet.com agree to submit to the personal jurisdiction of the courts located within these governing bodies.
Alternative Dispute Resolution
Alternatively, MallMagnet.com will consider use of other alternative forms of dispute resolution, such as binding arbitration to be held in a location mutually agreed upon by the parties.
All Claims (excluding requests for injunctive or equitable relief) between the parties must be resolved using the dispute resolution mechanism that is selected in accordance with this Section by the first party to file a Claim. Should either party file an action contrary to this Section, the other party may recover Lawyers’ fees and costs, provided that the party seeking the award has notified the other party in writing of the improperly filed Claim, and the other party has failed to withdraw the Claim.
Access and Interference
Much of the information on the Site is updated on a real time basis and is proprietary or is licensed to MallMagnet.com by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of MallMagnet.com and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iv) bypass measures we may use to prevent or restrict access to the Site.
Without limiting other remedies, we may limit your activity, immediately remove your bids or item listings, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.
This Agreement shall be governed in all respects by the laws of the Sites principal place of business as such laws are applied to agreements entered into and to be performed entirely within the Sites principal place of business between the Sites principal place of business residents. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by MallMagnet.com in accordance with “Notices”, in our sole discretion, Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. Fees and Services with respect to fees owed for our services, Release, License, Access and Interference, Liability Limit, Indemnity and Resolution of Disputes shall survive any termination or expiration of this Agreement.
The services hereunder are offered by MallMagnet.com, and are governed by the governing body where the Site was founded. If you are a citizen of the governing body where the Site was founded, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.
Commercially available parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. If you are interested in learning more about these protections, information is available at various internet sites designed to provide information on such protections.
Disputes between you and MallMagnet.com regarding our services may be reported to any official representative of MallMagnet.com. We encourage you to report all user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity.
Copyright © 2019 MallMagnet.com. All Rights Reserved.