Effective Date: [Insert Date]
Welcome to OurMall! These Terms and Conditions ("Terms") govern your access to and use of our website, services, and products. By using OurMall, you agree to comply with and be bound by these Terms. Please read them carefully.
1. Acceptance of Terms
By accessing or using OurMall, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as any additional terms and policies referenced herein. If you do not agree to these Terms, please do not use our services.
2. Definitions
- "OurMall," "we," "us," "our": Refers to the OurMall platform and its operators.
- "User," "you," "your": Refers to any individual or entity accessing or using OurMall.
- "Seller": Refers to any user who registers to sell products on OurMall.
- "Buyer": Refers to any user who purchases products on OurMall.
3. Eligibility
- Users must be at least 18 years old to create an account and use OurMall services. By using OurMall, you represent and warrant that you meet this age requirement.
- Users must provide accurate, complete, and current information during registration and maintain the accuracy of this information.
4. User Accounts
- Account Creation: To use certain features of OurMall, you may need to create an account. You are responsible for maintaining the confidentiality of your account credentials and are fully responsible for all activities that occur under your account.
- Account Security: You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
- Account Termination: We reserve the right to suspend or terminate your account at any time, with or without cause, and without prior notice.
5. Seller Responsibilities
- Product Listings: Sellers must provide accurate and complete descriptions of the products they offer. Misleading or false information is prohibited.
- Compliance: Sellers must comply with all applicable laws and regulations regarding the sale of goods, including but not limited to consumer protection, data protection, and intellectual property laws.
- Order Fulfillment: Sellers are responsible for processing and fulfilling orders in a timely manner. Failure to do so may result in penalties, including account suspension or termination.
- Fees: Sellers are responsible for any fees associated with using OurMall’s services, as outlined in our Seller Policy.
6. Buyer Responsibilities
- Payment: Buyers agree to pay the total amount specified at checkout, including any applicable taxes and shipping charges.
- Product Use: Buyers are responsible for the proper use of the products they purchase and must follow any instructions or guidelines provided by the seller.
- Returns and Refunds: Buyers must adhere to OurMall's Return Policy when returning products or requesting refunds.
7. Prohibited Activities
Users agree not to engage in any of the following prohibited activities:
- Illegal Activities: Using OurMall for any illegal or unauthorized purpose, including the sale of prohibited items.
- Fraud: Engaging in fraudulent activities, including but not limited to misrepresenting products, manipulating sales data, or engaging in identity theft.
- Spamming: Sending unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation.
- Interference: Interfering with the operation of OurMall or its services, including the use of viruses, bots, or other harmful code.
8. Intellectual Property
- OurMall Ownership: All content, trademarks, logos, and other intellectual property on OurMall are the property of OurMall or its licensors. You may not use, reproduce, or distribute any of this content without our prior written permission.
- User-Generated Content: By posting content on OurMall, you grant us a non-exclusive, royalty-free, perpetual, and worldwide license to use, reproduce, modify, and distribute your content in connection with our services.
9. Limitation of Liability
- No Warranties: OurMall is provided "as is" and "as available" without any warranties, express or implied. We do not guarantee the accuracy, completeness, or reliability of any content or services provided on OurMall.
- Limited Liability: In no event shall OurMall or its affiliates be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of OurMall.
10. Indemnification
You agree to indemnify, defend, and hold harmless OurMall, its affiliates, and their respective officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your access to or use of OurMall, your violation of these Terms, or your violation of any rights of another party.
11. Modifications to Terms
OurMall reserves the right to modify these Terms at any time. We will notify users of significant changes by posting the updated Terms on our website or through other means. Your continued use of OurMall after the changes take effect constitutes your acceptance of the revised Terms.
12. Governing Law
These Terms shall be governed by and construed in accordance with the laws of South Africa, without regard to its conflict of laws principles. Any legal action or proceeding arising under these Terms shall be brought exclusively in the courts located in your area.
13. Dispute Resolution
In the event of a dispute between you and OurMall, we encourage you to contact us directly to seek a resolution. If a resolution cannot be reached, the dispute will be resolved through binding arbitration in accordance with the rules of [Arbitration Body], to be held in your area.
14. Termination
We may terminate or suspend your access to OurMall at any time, with or without cause, and without notice. Upon termination, your right to use OurMall will immediately cease.