Terms and Conditions for Customer
Welcome to the Eco Mall. Please read these terms and conditions
carefully. The following terms and conditions govern your use and access
of Eco Mall. By registering as a user of Eco Mall, you confirm your
understanding and agreement to the Terms and Conditions. If you do not agree to
these Terms and Conditions of use, you may not use this website, app, and
services.
Eco Mall reserves the right to change, modify, add, or remove portions
of these Terms and Conditions of use at any time. Changes will be effective
immediately upon posting to the site, with no other notice provided. Please
check these Terms and Conditions of use regularly for updates. You are
responsible for ensuring that you are familiar with the latest terms and
conditions. Your continued use of the site following the posting of changes to
these Terms and Conditions of use represents your acceptance of those changes.
Unless the context otherwise requires, the following expressions shall
have the following meanings in these terms of use.
To access or use the services provided by Eco Mall, you must be
registered as a member. You may only register one account per person. If
you are below 18 years old, you must obtain consent from your parent(s) or
legal guardian(s), their acceptance of these Terms of Use and their agreement
to take responsibility for: (i) your actions; (ii) any charges associated with
your use of any of the services or purchase of products; and (iii) your
acceptance and compliance with these Terms of Use.
You must provide complete and accurate personal information when
registering as a member. We may verify these details and may suspend
features until this is done. You must keep your personal information updated.
Eco Mall reserves its right to immediately suspend or terminate its service to the user, without warning and/or notice, for violation of any of the terms and conditions in this Agreement. We may suspend or terminate your membership due, but not limited, to the following:
We may consider offsite conduct, such as prior criminal convictions,
insolvency, or any other conduct that puts our community or systems at risk.
Furthermore, Eco Mall reserves the right to decline your application for
registration for any reason at our digression.
As a member, you are solely responsible for maintaining the
confidentiality and security of your account and all activities under your
account. This includes restricting access to your computer or any other
device which may be used to access your account.
Do not disclose passwords, email addresses, date of births or any other
information that is connected to your membership.
Do not share your account with other persons, or permit another party to
use your username/membership.
If you decide that you want to close your Eco Mall account, you may do so at any time, given that:
You consent to receive communications from us electronically, such as
e-mails, texts, mobile push notifications, or notices and messages on this
site, and you can retain copies of these communications for your records. 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.
In addition to the terms and conditions set out in this document,
the Buyer Policies, and General Policies form
part of these terms and conditions.
We do not claim any intellectual property rights over the content that
you provide to the Eco Mall site. However, by uploading your
content, you give permission to allow other users to view your content. You
also give Eco Mall permission to store and display your content on the Eco Mall
website, applications and affiliated products. You are responsible to ensure
that your content is compliant with any applicable laws or regulations. Eco
Mall shall have non-exclusive, royalty-free perpetual license and right to
store, display, modify, reproduce, distribute any intellectual property
associated with your store, including names, trademark, images and logos.
Your shipping address must be located in New Zealand if you want to buy
on Eco Mall. When you buy an item, you are disallowed from retracting your purchase,
unless the seller allows you to do so. If you buy an item, you must make your
payment promptly and in full. If you fail to pay for an item when you buy, you
will receive a warning from Eco Mall, and your account may be suspended.
All items you list for sale must be in New Zealand Dollars and include GST in the price.
Your use of the Eco Mall platform and services is at your own risk. The
website and services are provided on an "as is" and "as
available" basis. To the maximum extent permitted by law Eco Mall
disclaims and excludes all implied conditions or warranties, including, but not
limited to, any warranties of merchantability, fitness for a particular
purpose, and non-infringement;
Eco Mall is dedicated to providing the best service, but does not
warrant that our service will be (i) uninterrupted, (ii) timely, (iii)secure or
free from any virus or other harmful material. (iv) free from error or defects.
Any interaction using our service, including buying and contact
between you and another member are conducted at your own risk.
Eco Mall shall not be liable for any direct or indirect damages,
including but not limited to; damages for loss of profits, goodwill, data or
other intangible losses resulting from the use or inability to use our service.
You agree to defend and indemnify Eco Mall (and our employees) against
any legal actions, claims, costs, losses, demands or damages that arise from
your actions, use or misuse of our services, your breach of our Terms and
Conditions and Policies, or your infringement of someone else’s rights.
Creating an account for Eco Mall as well as buying a listed item is
free. We charge fees for using other services, such as, but not limited to,
advertising features adding a featured listing. When you use a service that has
a fee, you will have the opportunity to review and accept the fees that you
will be charged. Eco Mall’ current fees are listed on the fees page. Eco Mall
fees may be subject to change. The changes will be effective after a notice by Eco
Mall, either through email or a notification on our site. In the event that we
introduce a new service, the fees will be effective at the launch of the
service. Unless otherwise stated, all fees quoted are in New Zealand Dollars/
and are inclusive of GST.
We reserve the right to investigate queries regarding the refund fees
with buyers, other members and any other relevant party.
The headings in these Conditions are for convenience only and shall not
affect the interpretation of any parties.
Resolution of disputes
For transactions that are carried out without fulfilment service with Eco
Mall, we are not a party to the transaction between you and another member. In
the event of a dispute, you agree to release Eco Mall (and our employees and
affiliates) from all claims, demands, costs and damages that may arise. You
agree to not involve Eco Mall in the dispute or resolution of a dispute.
Force Majeure
Eco Mall will not be held liable for any delay, unavailability, lack of
performance or failure of the services or the website resulting from causes
beyond our reasonable control and/or acts of nature. This includes, without
limitation: (i) explosion, flood, tempest, fire or accident, (ii) war or threat
of war, sabotage, insurrection, civil disturbance or requisition (iii) acts of
restrictions, regulations, by-laws, prohibitions or measures of any kind on the
part of any governmental parliamentary or local authority (iv) import or export
regulations or embargoes (v) interruption of traffic, strikes, lock-outs, other
industrial actions or trade disputes (vi) internet or power failure.
No Waiver
If we do not exercise or enforce any right available to us under these
terms and conditions, it does not constitute a waiver of those rights. We
maintain our right to act with respect to subsequent or similar breaches.
Partial Invalidity
If any provision of the Terms is held to be invalid or unenforceable,
such provision shall be deleted, and the remaining provisions shall remain
valid and be enforced.
Governing Law
These terms and conditions are to be construed in accordance with the
laws of New Zealand. In the event of any dispute associated with these terms
and conditions, that dispute shall be subject to the exclusive jurisdiction of
the New Zealand court.
Notices
Legal notices or demands to Eco Mall shall be made in writing and sent
to Eco Mall in person, or by mail to the following address: 121 Warrington
Street, Mairehau, Christchurch, New Zealand 8013
Intellectual Property Rights
Eco Mall owns the proprietary and intellectual property right in the
website, the software and other material underlying and forming part of the
Service and the Website. This includes, but is not limited to text, graphics,
logos, icons, video and audio recordings. Any unauthorized copying,
modification, use or publication is strictly prohibited.