TERMS AND CONDITIONS
- Welcome to www.izemall.com. These Terms and Conditions define the ordering, sale and delivery of goods and services that are applicable to your access and use of the website at www.izemall.com ("website"). The website is owned by IZEMALL LIMITED ("we", "our" "us" or Izemall).
- This document is a legally binding agreement between you as the user(s) of the website (referred to as “you”, “your” or “User” hereinafter) and the Izemall.com entity.
- This Website empowers you to shop online for an extensive range of goods (“Goods”) and moreover, it allows third party sellers (both small and big store owners) to list and sell their Goods on the Website (a “Third Party Seller”). Izemall shall show on relevant pages the Third Party Seller who is selling the products displayed on such page.
ACCEPTANCE OF THE TERMS AND CONDITIONS
- You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with izemall.com, or (b) you are not permitted to receive any Services under the laws of Malawi.
- You acknowledge and agree that Izemall.com may amend any Terms at any time by posting the relevant amended and restated Terms on the Website. By continuing to use the Services or the website, you agree that the amended Terms will apply to you as a user.
- In order to fully enjoy the services being provided on the website, you may need to create a personalized Izemall account. Only registered users can order Goods on the website. Except with Izemall.com’s approval, one User may only register one member account on the website. Izemall.com may cancel or terminate a User’s member account if Izemall.com has reasons to suspect that the User has concurrently registered or controlled two or more member accounts. Furthermore, Izemall.com may reject User’s application for registration for any reason.
- To register as a user, you must provide a unique username, email or phone number (or both where available) and password and provide certain information and personal details to Izemall.com. You will need to use your email or phone number and password to access the Website in order to purchase Goods.
- Upon registration on the website, Izemall.com shall assign an account and issue a member ID and password (the latter shall be chosen by a registered User during registration) to each registered User.
- In case where your personal information change, please inform us and provide us with updates to your personal information as soon as reasonably possible to enable us to update your personal information.
- You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password.
We respect your privacy and will take reasonable measures to protect it. Therefore, we will -
- treat your personal information as strictly confidential, save where we are entitled to share it as set out in this policy;
- take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
- provide you with access to your personal information to view and/or update personal details;
- promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;
- provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request; and
- upon your request, promptly return or destroy any and all of your personal information in our possession or control, save for that which we are legally obliged to retain.
Subject to clause 8 below, we will not, without your express consent:
use your personal information for any purpose other than as set out below:
- in relation to the ordering, sale and delivery of Goods;
- to contact you regarding current or new Goods or services or any other goods offered by us or any of our divisions and/or partners (unless you have opted out from receiving marketing material from us);
- to inform you of new features, special offers and promotional competitions offered by us or any of our divisions and/or partners (unless you have opted out from receiving marketing material from us); and
- to improve our product selection and your experience on our Website by, for example, monitoring your browsing habits, or tracking your sales on the Website; or
disclose your personal information to any third party other than as set out below:
- to our employees and/or third party service providers who assist us to interact with you via our Website, email or any other method, for the ordering of Goods or when delivering Goods to you, and thus need to know your personal information in order to assist us to communicate and serve you properly and efficiently;
- to our divisions and/or partners (including their employees and/or third party service providers) in order for them to interact directly with you via email or any other method for purposes of sending you marketing material regarding any current or new goods or services, new features, special offers or promotional items offered by them (unless you have opted out from receiving marketing material from us);
- to law enforcement, government officials, fraud detection agencies or other third parties when we believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report or support the investigation into suspected illegal activity, or to investigate violations of these Terms and Conditions;
- to our service providers (under contract with us) who help with parts of our business operations (fraud prevention, marketing, technology services etc). However, our contracts dictate that these service providers may only use your information in connection with the services they perform for us and not for their own benefit;
- to our suppliers in order for them to liaise directly with you regarding any faulty Goods you have purchased which requires their involvement; and
- to any Third Party Seller for purposes of sending you an invoice for any Goods purchased from such Third Party Seller, which disclosed information will be limited to your email address or phone number (refer to clause 13 above).
- use your personal information for any purpose other than as set out below:
- We are entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, subpoena, order of court or legal process served on us, or to protect and defend our rights or property. In the event of a fraudulent online payment, Izemall is entitled to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.
- We will ensure that all of our employees, third party service providers, divisions and partners (including their employees and third party service providers) having access to your personal information are bound by appropriate and legally binding confidentiality obligations in relation to your personal information.
- We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.
- Izemall undertakes never to sell or make your personal information available to any third party other than as provided for in this policy.
- Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.
- Izemall sells its products to adults, who can purchase with a debit/credit card or other permitted payment method. If you are under 18, you may use the Izemall Services only with involvement of a parent or guardian. Therefore, by using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.
- Alcohol listings on Izemall are intended for adults. You must be at least 21 years of age to purchase alcohol, or use any site functionality related to alcohol. Izemall reserves the right to refuse service, terminate accounts, terminate your rights to use Izemall Services, remove or edit content, or cancel orders in its sole discretion.
- By registering with Izemall you agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorized Izemall representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
- In addition, you may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
- Furthermore, you may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorized Izemall representative.
PAYMENT AND DELIVERY OF GOODS
- Izemall commits itself to provision of secure online payment facilities with all transactions encrypted using appropriate encryption technology.
Whether the Goods are for sale by Izemall or a Third Party Seller, payment can be made for Goods via -
- Debit/credit card: By using these facilities you warrant that you are fully authorized to use the debit/credit card supplied for purposes of paying the Goods. You also warrant that your debit/credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;
- Direct bank deposit or electronic funds transfer: if you pay via direct bank deposit, or electronic funds transfer, payment must be made within 2 (2) days of placing your order. Izemall will not accept your order if payment has not been received;
- Mobile payment platforms such as Airtel Money or TNM Mpamba. When using these platforms make sure you quote the right order number for your goods.
- Izemall Vouchers;
- The above payment options are explained in more detail in our Frequently Asked Questions (“FAQ”): Payment, which are incorporated by reference.
- You may contact us via email at firstname.lastname@example.org to obtain a full record of your payment. We will also send you email communications about your order and payment where applicable.
- Once you have selected your payment method (save for direct bank deposit or Airtel Money and TNM Mpamba), you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.
- Izemall offers 2 (two) options of delivery of Goods to you. You may select delivery: (a) to an address; or (b) self-collection.
- The delivery of goods to you shall be effected only when the payment has been acknowledged in the Izemall accounts.
- For more information about delivery, please see our FAQs: Courier and Delivery, which are incorporated into these Terms by reference. Our delivery charges are subject to change at any time, without prior notice to you, so please check the FAQs for the most up-to-date information. You will see the applicable delivery charges in your cart when you check out.
- Where Izemall or the Third Party Seller accepts your order, we will deliver the Goods to you as soon as reasonably possible, but no later than 2 (two) days of receipt of your payment (“Delivery Period”). We will notify you if we are unable to deliver the Goods during the Delivery Period. You may then, within 2 (two) days of receiving such notification elect whether or not to cancel your order for the Goods. If you elect to cancel your order, we will reimburse you for the purchase price.
- Izemall’s obligation to deliver a product to you is fulfilled when we deliver the product to the physical address nominated by you for delivery of the order. Izemall is not responsible for any loss or unauthorized use of a product, after it has delivered the product to the physical address nominated by you.
ELECTRONIC COMMUNICATIONS, REVIEWS AND COMMENTS
- You may post reviews, comments, photos and other content and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages.
- You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a communication or other content. Izemall reserves the right (but not the obligation) to remove or edit such content. Though we do not review the comments regularly.
- If you do post content or submit material, and unless we indicate otherwise, you grant Izemall a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Izemall and sub licensees the right to use the name that you submit in connection with such content, if they choose.
- You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Izemall for all claims resulting from content you supply. Izemall has the right but not the obligation to monitor and edit or remove any activity or content. Izemall takes no responsibility and assumes no liability for any content posted by you or any third party.
DISCLAIMER AND LIMITATION OF LIABILITY
- THE IZEMALL AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH IZEMALL.COM ARE PROVIDED BY IZEMALL ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. IZEMALL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE IZEMALL.COM, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE IZEMALL.COM, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF IZEMALL.COM IS AT YOUR SOLE RISK.
- TO THE FULL EXTENT PERMISSIBLE BY LAW, IZEMALL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IZEMALL DOES NOT WARRANT THAT IZEMALL.COM, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH IZEMALL.COM OR ELECTRONIC COMMUNICATIONS SENT FROM IZEMALL ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, IZEMALL WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF IZEMALL.COM, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH IZEMALL.COM, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
Under no circumstances shall Izemall.com be held liable for any delay or failure or disruption of the content or services delivered through the Website resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
THIRD PARTY WEBSITES
- This Website may contain links or references to other websites (“Third Party Websites”) that are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Websites and Izemall.com is not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use.
- Notwithstanding the fact that the Website may refer to or provide links to Third Party Websites, your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from use of such Third Party Websites or your reliance on any information contained thereon.
GOVERNING LAW AND JURISDICTION
- These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of Malawi. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the Malawian courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.
- In the event of any dispute arising between you and Izemall, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of Malawi notwithstanding that the quantum in the action or proceedings may otherwise fall below the commercial jurisdiction of that court.
INTELLECTUAL PROPERTY RIGHTS
- Izemall.com is the sole owner or lawful licensee of all the rights and interests in the website and its Content. The website Content embody trade secrets and other intellectual property rights protected under Malawian copyright and other laws. All title, ownership and intellectual property rights in the website Content shall remain with Izemall.com, our affiliates or licensors of the website Content, as the case may be. All rights not otherwise claimed under the Terms & Conditions or by Izemall.com are hereby reserved.
- Izemall.com may have independent third parties involved in the provision of the Services. You may not use any trademark, service mark or logo of such independent third parties without prior written approval from such parties.
- Izemall hereby selects Beit Street, Off Mtunthama Drive, Plot No. 3/167 as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“legal address”). Izemall may change this address from time to time by updating these Terms and Conditions.
- You hereby select the delivery address specified with your order as your legal address, but you may change it to any other physical address by giving Izemall not less than 7 days’ notice in writing.
Notices must be sent either by hand, prepaid registered post, or email and must be in English. All notices sent -
- by hand will be deemed to have been received on the date of delivery;
- by prepaid registered post, will be deemed to have been received 10 days after the date of posting;
- by telefax before 16h30 on a business day will be deemed to have been received, on the date of successful transmission of the telefax. All telefaxes sent after 16h30 or on a day which is not a business day will be deemed to have been received on the following business day; and
- by email will be deemed to have been on the date indicated in the “Read Receipt” notification. ALL EMAIL COMMUNICATIONS BETWEEN YOU AND US MUST MAKE USE OF THE “READ RECEIPT” FUNCTION to serve as proof that an email has been received
- Izemall may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents subject to us processing any orders then already made by you.
- You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
- Any failure on the part of you or Izemall to enforce any right in terms hereof shall not constitute a waiver of that right.
- If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
- No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
- No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
- These Terms and Conditions contain the whole agreement between you and Izemall and no other warranty or undertaking is valid, unless contained in this document between the parties.
CHANGES TO THESE TERMS AND CONDITIONS
- Izemall may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Website.
- Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.