Welcome To EcoMall New Zealand

1. Introduction


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.


1.     “Eco Mall Market” is the section of Eco Mall where users can browse and purchase products sold by in-trade sellers

2.     “Buyers” are users that buy an item or product listed on our site.

3.     “Sellers” are users that list items for sale on the Eco Mall platform.

4.     “Store Owners” are users that use Eco Mall store services to sell products.

5.     “Your Content”  is any content you post using our services.

6.     “Services” means various products and services Eco Mall provide to help you buy and sell products and items, including but not limited to stores, listings, and promotional marketing.

7.     “We”, “us” and “our” means company ECO MALL Limited.

8.     “Writing” includes electronic mail, facsimile transmission, and any comparable means of communication.


Eco Mall is an online marketplace where members can buy and sell items, either new products or secondhand items. When a user buys a product from a store, a contract of sale is formed between the buyer and seller, and we do not act as an agent for either party.

 

2. Becoming a member


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:


1.     Serious complaints or multiple complaints are received about you from other members,

2.     If Eco Mall has reason to suspect that you have registered or controlled two or more member accounts,

3.     If you impersonate another member,

4.     If we deem your behaviour to be unacceptable.


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:


1.     you do not have any outstanding items listed,

2.     you resolved any outstanding matters,

3.     you have paid any outstanding fees you owe.


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 Seller Policies, Buyer Policies, and General Policies form part of these terms and conditions.

 

3. Privacy & Content


Our Privacy Policy details how your information is collected, used and disclosed when using our services. By using our services, you show your understanding and agreement to our policy. We will not disclose your confidential information to third parties, except as required to provide our services, or if we are required by law to disclose this information.

Confidential information encompasses any information you provide us which was not publicly known, such as information in the public domain (either at the time we received it or after, through no fault of ours).

We do not claim any intellectual property rights over the content that you provide to the Eco Mall site or your store. 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.

 

4. General Rules


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. All tax obligations are the responsibility of the seller and/or the buyer (as the parties determine).

 

5. Warranties and Limitations of Liability


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, selling 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.


Eco Mall does not manufacture or inspect any of the items sold through our services. The items listed on our marketplaces are sold directly by independent sellers, and Eco Mall does not make any guarantee of their quality, safety or genuity. Any legal claim related to an item purchased on Eco Mall must be brought against the seller, be it a user or a store. You release Eco Mall from any claims related to items sold through our services.


Eco Mall is not responsible for the content posted by other users and store owners on our site. Eco Mall do not make guarantees on the accuracy, copyright compliance, legality or decency of the content posted by users and store owners. You release us from liability relating to that content.


We solely provide the service allowing you interact with other members, but will not be responsible for any consequence that may occur relating to your interactions with other members, either online or in person. You release us from all liability relating to your interaction with other users.


While Eco Mall may facilitate payment for some items by credit card, Eco Mall is in no way involved in the transaction itself, and responsibility for any refund rests with the seller. Eco Mall is not responsible for protecting members from credit card fraud.

 

6. Indemnity


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.

 

7. Fees and Account


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.

 

8. General Provisions

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, Mariehau, Christchurch, New Zealand 8013

Legal notices to another member shall be made in writing and sent to Eco Mall to the last known correspondence or email address provided by the member to Eco Mall. The notice to the member shall be deemed to be received when Eco Mall is able to demonstrate that mentioned form of communication has been sent to the member.


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.



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