Terms & Conditions
Last updated: July 1, 2023
IZEMALL
TERMS AND CONDITIONS A.
PREAMBLE 1.
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). 2.
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. 3.
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. B
ACCEPTANCE OF THE TERMS AND CONDITIONS 1.
The use of the website and its services,
software and products (collectively as the “Services” hereinafter) is
subject to the terms and conditions contained in this document as well as the
Privacy Policy and any other rules
and policies of the website that Izemall.com may publish from time to time.
This document and such other rules and policies of the website are
collectively referred to below as the “Terms”. By accessing the
website or using the Services, you agree to accept and be bound by the Terms.
Please do not use the Services or the website if you do not accept all of
the Terms. 2.
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. 3.
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. C
OUR CUSTOMER 1.
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. 3.
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. 4.
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. 5.
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. 6.
We respect your privacy and will take
reasonable measures to protect it. Therefore, we will - a)
treat your personal information as
strictly confidential, save where we are entitled to share it as set out in
this policy; b)
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; c)
provide you with access to your personal
information to view and/or update personal details; d)
promptly notify you if we become aware
of any unauthorised use, disclosure or processing of your personal information; e)
provide you with reasonable evidence of
our compliance with our obligations under this policy on reasonable notice and
request; and f)
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. 7. Subject to clause 8
below, we will not, without your express consent: 7.1.
Use
your personal information for any purpose other than as set out below: a)
in
relation to the ordering, sale and delivery of Goods; b)
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); c)
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 d)
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 7.2.
Disclose
your personal information to any third party other than as set out below: 1.
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; 2.
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); 3.
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; 4.
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; 5.
to
our suppliers in order for them to liaise directly with you regarding any
faulty Goods you have purchased which requires their involvement; and 6.
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). 8. 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. 9.
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. 10. 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. 11. Izemall
undertakes never to sell or make your personal information available to any
third party other than as provided for in this policy. 12. 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. 13. If
you disclose your personal information to a third party, such as an entity
which operates a website linked to this Website or anyone other than Izemall,
IZEMALL SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, HOWSOEVER ARISING, SUFFERED
BY YOU AS A RESULT OF THE DISCLOSURE OF SUCH INFORMATION TO THE THIRD PARTY.
This is because we do not regulate or control how that third party uses your
personal information. You should always ensure that you read the privacy policy
of any third party. 14. Izemall
sells its products to adults, who can purchase with a debit/credit card, bank
transfer 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. 15. Alcohol
listings on Izemall are intended for adults. You must be at least 18 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. 16. 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). 17. 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. 18. 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. D.
PAYEMENT AND DELIVERY OF GOODS 1.
Izemall commits itself to provision of
secure online payment facilities with all transactions encrypted using
appropriate encryption technology. 2.
Whether the Goods are for sale by
Izemall or a Third Party Seller, payment can be made for Goods via - a.
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; b.
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; c.
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. d.
Izemall Vouchers; 3.
The above payment options are explained
in more detail in our Frequently Asked Questions (“FAQ”): Payment, which
are incorporated by reference. 4.
You may contact us via email at info@izemall.com
to obtain a full record of your payment. We will also send you email
communications about your order and payment where applicable. 5.
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. 6.
Izemall offers 2 (two) options of
delivery of Goods to you. You may select delivery : (a) to an address; or (b) self-collection. 7.
The delivery of goods to you shall be
effected only when the payment has been acknowledged in the Izemall accounts. 8.
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. 9.
Where Izemall or the Third Party Seller accepts
your order, 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. 10. 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. E.
ELECTRONIC COMMUNICATIONS, REVIEWS AND COMMENTS 1.
When
you visit the Website or send emails to us, you consent to receiving
communications from us or any of our divisions or partners electronically in
accordance with our privacy policy as set out in clause C7 above. 2.
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. 3.
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. 4.
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. 5.
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. F.
DISCLAIMER AND LIMITATION OF LIABILITY 1.
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. 2.
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. G. FORCE MAJEURE 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. H. THIRD PARTY WEBSITES a) 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. b) 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 owners
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. I. GOVERNING LAW AND
JURISDICTION 1. 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. 2. 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. J. INTELLECTUAL PROPERTY RIGHTS 1.
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. 2.
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. K. NOTICES 1. Izemall hereby selects
Beit Street, Off Mtunthama Drive, Plot #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. 2. 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. 3. Notices must be sent
either by hand, prepaid registered post or email and must be in English. All
notices sent - a) by hand will be
deemed to have been received on the date of delivery; b) by prepaid registered
post, will be deemed to have been received 10 days after the date of posting; c) 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 d) 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 1. 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. 2. You may not cede,
assign or otherwise transfer your rights and obligations in terms of these
Terms and Conditions to any third party. 3. Any failure on the
part of you or Izemall to enforce any right in terms hereof shall not
constitute a waiver of that right. 4. If any term or
condition contained herein is declared invalid, the remaining terms and
conditions will remain in full force and effect. 5. 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. 6. 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. 7. 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. M. CHANGES TO THESE TERMS AND CONDITIONS 1. 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. 2. 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.