The Terms are a legally binding contract between you and EMalhar.com (emalhar.com site and the mobile app). This contract sets out your rights and responsibilities when you use the services provided by EMalhar.com (we’ll refer to our website, mobile apps and other services as our “Services”). By using any of our Services (even just browsing our website), you’re agreeing to the Terms. If you don’t agree with the Terms, you may not use our Services. EMalhar.com’s Services connect people around the world, both online and offline, to make, sell and buy unique goods.
Additionally, specific terms for our sellers and buyers are listed here:
- Terms for Sellers. If you list any items for sale through our Services, these policies apply to you.
- Terms for Buyers. If you use our Services to browse or shop, these policies apply to you.
- You must be 18 or older to use our Services. Otherwise, you may only use our Services under the supervision of a parent or legal guardian.
- Be honest with us. Provide accurate information about yourself. It’s not OK to use false information or impersonate another person or company through your account.
- Choose an appropriate username. A username that is offensive, vulgar, or infringes someone’s intellectual property rights violates the Terms.
- You’re solely responsible for any activity on your account. If you’re sharing an account with other people, then the person whose billing information is on the account will ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Also, your accounts are not transferable.
- Protect your password. It’s important to keep your account password secure.
- These Terms don’t create any agency, partnership, joint venture, employment or franchisee relationship between you and EMalhar.com.
Any content that you post using our Services is your content (“Your Content”) which includes any text, profile pictures, listing photos, listing descriptions, reviews, comments, videos, etc.
- You are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you’re not infringing or violating any third party’s rights by posting it.
- By posting Your Content through our Services, you grant EMalhar.com a license to use it. We don’t claim any ownership to Your Content, but we have your permission to use it to help EMalhar.com function and grow. That way, we won’t infringe any rights you have in Your Content and we can help promote your stuff.
- By posting Your Content, you grant EMalhar.com a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content to provide the Services and to promote EMalhar.com, your EMalhar.com shop, or the Services in general, in any formats and through any channels, including across any EMalhar.com Services or third-party website or advertising medium.
- You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar or otherwise offensive or in violation of our Prohibited Items Policy, Community Policy or any part of our Terms. You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive.
- Use of Our Services
We grant you a limited, non-exclusive, non-transferable and revocable license to use our Services—subject to the Terms and the following restrictions in particular:
- You agree that you will not violate any local, state, federal and international laws that may apply to you in connection with your use of the Services.
- You are responsible for collecting and/or paying any applicable taxes for any purchases or sales you make through our Services and any all fees that you owe to EMalhar.com.
- You agree not to interfere with or try to disrupt our Services
- Any unsolicited ideas or other materials you submit to EMalhar.com (not including Your Content or items you sell through our Services) are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
- By using our Services, you’re agreeing that we can send you information electronically (by email, etc.) instead of mailing paper copies, and that your electronic agreement is the same as your signature on paper.
- Role of eMalhar.com
The role of EMALHAR.COM is limited to intermediation between Buyers and Sellers, except as expressly provided herein. EMALHAR.COM not involved in any way in the transactions between Buyers and Sellers who decide alone, at their own discretion, to the conclusion of sales contracts through the Platform. Except for the products sold through eMalhar official store, EMALHAR.COM is neither dealer nor owner of the Products offered for sale on the Platform, never took possession of the products on sale, does not store products and is not more depositary in any way whatsoever. In addition, except for the limited intermediation role described in these Terms and Conditions, EMALHAR.COM not involved in any way in the production line, marketing and / or distribution of products (including the verification tests compliance, packaging, labeling, transport or any other activity). EMALHAR.COM therefore has no control over the products and can in particular ensure that the Seller the Product will meet the Buyer. Similarly, EMALHAR.COM cannot guarantee the Seller that the Product will not be returned or that the sale will not be canceled by the Buyer, all of which are exclusively and directly under the personal responsibility of each Seller and Buyer.
- Termination by You. You may terminate your account with EMalhar.com at any time from your account settings.
- Termination by EMalhar.com. We may terminate or suspend your account (and any related accounts) and your access to the Services at any time, for any reason, and without advance notice. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services, for example, to sell or buy on our website or mobile apps. EMalhar.com may refuse service to anyone, at any time, for any reason. If you or EMalhar.com terminate your account, you may lose any information associated with your account, including Your Content. EMalhar.com reserves the right to change, suspend or discontinue any of the Services at any time, for any reason. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services. The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.
- Warranties and Limitation of Liability
- You understand that EMalhar.com does not manufacture, store or inspect any of the items sold through our Services. We provide the venue; the items in our marketplace are produced and sold directly by independent sellers, so EMalhar.com cannot and does not make any warranties about their quality, safety or even their legality. Any legal claim related to an item you purchase must be brought directly against the seller of the item. You release EMalhar.com from any claims related to items sold through our Services, including for defective items, misrepresentations by sellers or items that caused physical injury (like product liability claims).
- You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. EMalhar.com is not responsible for the accuracy, copyright compliance, legality or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.
- You can use the Services to interact with other individuals, either online or in person. However, you understand that we do not screen users of our Services, and you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgment in all interactions with others, especially if you are meeting someone in person.
- Warranties. You understand that our Services are provided “as is” and without any kind of warranty (express or implied). We are expressly disclaiming any warranties of title, non-infringement, merchantability and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing or usage of trade.
- We do not guarantee that: (i) the Services will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) the Services will be free of viruses or other harmful materials; or (iv) the results of using the Services will meet your expectations. You use the Services solely at your own risk.
- Liability Limits. To the fullest extent permitted by law, neither EMalhar.com, nor our employees or directors shall be liable to you for any lost profits or revenues, or for any consequential, incidental, indirect, special or punitive damages arising out of or in connection with the Services or these Terms. In no event shall EMalhar.com’s aggregate liability for any damages exceed the greater of one hundred ($100) US Dollars. Some jurisdictions do not allow limitations on incidental or consequential damages, so the above limitations may not apply to you.
You’ll defend EMalhar.com (including any of our employees) and hold us harmless from any legal claim or demand (including reasonable attorney’s fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms or your account’s infringement of someone else’s rights. We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
- Disputes with Other Users
If you find yourself in a dispute with another user of EMalhar.com’s Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably. You release EMalhar.com from any claims, demands and damages arising out of disputes with other users or parties.
- Disputes with EMalhar.com
The following rules will govern any legal dispute involving our Services:
- Governing Law. The Terms are governed by the laws of the State of New Jersey, without regard to its conflict of laws rules, and the laws of the United States of America. These laws will apply no matter where in the world you live.
- Arbitration. You and EMalhar.com agree that any dispute or claim arising from or relating to the Terms shall be finally settled by arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules then in effect (those rules are deemed to be incorporated by reference into this section). Our arbitration will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms will take place on an individual basis: class arbitrations and class actions are not permitted. You understand that by agreeing to the Terms, you and EMalhar.com are each waiving the right to trial by jury or to participate in a class action. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator.
- Any legal action against EMalhar.com related to our Services must be filed and take place in Hamilton, New Jersey, USA.
- Changes to the Terms
We may update these Terms from time to time. If we believe that the changes are material, we’ll definitely let you know by doing one (or more) of the following: (1) posting the changes through the Services or (2) sending you an email or message about the changes. Changes will be effective upon the posting of the changes. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.
- Some Finer Legal Points
The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and EMalhar.com regarding the Services. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.
- Contact Information
If you have any questions about the Terms, please email us at: email@example.com