WEBSITE TERMS AND CONDITIONS
In these terms and conditions, ‘website’, ‘our’, ‘we’ means Whoneedsthemall.com, ‘seller’ means an authorised Store Holder on Whoneedsthemall.com, ‘user’ ‘you’ or the ‘Buyer’ is you if you use the website or make a transaction)
These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
Licence to use website
Unless otherwise stated, Who Needs The Mall and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
- republish material from this website (including republication on another website);
- sell, rent or sub-licence material from the website;
- show any material from the website in public;
- reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
- edit or otherwise modify any material on the website; or
- redistribute material from this website (except for content specifically and expressly made available for redistribution).
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Who Needs The Mall’s express written consent.
You must not use this website to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without Who Needs The Mall’s express written consent.
The contract between you and Sellers
When you purchase products and/or services displayed on Who Need The Mall, the sale contract is between you and the Seller.
Each order you place shall be deemed to be an offer by you to purchase the products and/or services specified, subject to these Terms and the applicable details on the product page.
When you order products and/or services through the Site we will disclose your customer information related to that transaction to the relevant Seller.
You should carefully review the applicable details on the product page in relation to the order, the email confirmation of your order and these terms. If there is any conflict or inconsistency between these Terms and the email confirmation of your order or the applicable details on the product page, these Terms shall prevail to the extent of the conflict or inconsistency.
It is your responsibility as the Buyer to satisfy yourself of the suitability and acceptable quality of the products and/or services you purchase. Who Needs The Mall do not give any undertaking that products and/or services you purchase from Sellers through the Site will be of satisfactory quality, and this and any other such warranties (whether express or implied) are disclaimed by us absolutely to the fullest extent permitted by law.
This disclaimer does not affect your statutory rights against the Seller.
No order shall be deemed to be accepted by the Seller until we issue an email acknowledgement of order. The contract between you and a Seller will relate only to those products and/or services notified in the email acknowledgement of order.
Orders for products and/or services you make with Sellers may only be paid for using the payment methods available through our payment facility. In accepting your payment related to the purchase of products and/or services from sellers, we act in the capacity as commercial agent of the Seller.
No Implied relationship
You acknowledge that these Terms and any transaction made by you via the site, do not create or imply any partnership, joint venture or trust relationship between us, you and/or the Seller.
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Seller must be satisfied that the Buyer is genuine and be able to authenticate the Buyer’s identity. The Buyer is obligated to provide authentication of their identity and to deliver full payment for items purchased.
Refusal of transaction
We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party for refusing, unwinding or suspending any transaction after processing has begun.
The checkout basket on the Site displays the products and/or services you have chosen, the Seller who shall provide them and details of shipping method. The shipping costs for each Seller vary according to the shipping methods they offer. Any delivery times quoted are the best estimate quoted by the Seller, are not guaranteed unless expressly stated and are in working days.
Products and/or services ordered from the Site for delivery outside the South Africa may be subject to import duties and taxes when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes.
Returns, exchanges or refunds of any products and/or services purchased through the Site must be arranged directly with the Seller, please contact the Seller using the order enquiry facility on the Site. Returns or refunds shall be made by the Seller in accordance with the Returns & Refunds Policy.
We encourage buyer feedback which helps Sellers improve and helps future buyers with their choices. You may rate a seller using the Rating facility on the Site provided you have completed a transaction with that Seller. However you are responsible for the rating being truthful and not malicious, you could be held liable for damage(s) to the Seller if legal proceedings are taken against you for your comment if it is untrue. Comments and ratings cannot be edited once submitted.
Threatening, abusive, racially vilifying, discriminatory or profane language must not be used in any circumstances.
Buyer vs. Seller disputes
Who Needs The Mall’s policy is to encourage Buyers and/or Sellers to resolve disputes as quickly as possible using negotiation, mediation or arbitration before resorting to the legal system. Buyers and/or Sellers should notify Who Needs The Mall of the failure to resolve a dispute by direct contact. Who Needs The Mall may, at its sole discretion and without obligation, attempt to assist to resolve the dispute.
Access to certain areas of this website is restricted. Who Needs The Mall reserves the right to restrict access to other areas of this website, or indeed this entire website, at Who Needs The Mall’s discretion.
If Who Needs The Mall provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant Who Needs The Mall a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant Who Needs The Mall the right to sub-licence these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Who Needs The Mall or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Who Needs The Mall reserves the right to edit or remove any material submitted to this website, or stored on Who Needs The Mall’s servers, or hosted or published upon this website.
Notwithstanding Who Needs The Mall’s rights under these terms and conditions in relation to user content, Who Needs The Mall does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
This website is provided “as is” without any representations or warranties, express or implied. Who Needs The Mall makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, Who Needs The Mall does not warrant that:
- this website will be constantly available, or available at all; or
- the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind.
Limitations of liability
Who Needs The Mall will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
- to the extent that the website is provided free-of-charge, for any direct loss;
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Who Needs The Mall has been expressly advised of the potential loss.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Who Needs The Mall’s liability in respect of any:
- death or personal injury caused by Who Needs The Mall’s negligence;
- fraud or fraudulent misrepresentation on the part of Who Needs The Mall; or
- matter which it would be illegal or unlawful for Who Needs The Mall to exclude or limit, or to attempt or purport to exclude or limit, its liability.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
You accept that, Who Needs The Mall has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Who Needs The Mall’s officers or employees in respect of any losses you suffer in connection with the website.
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
You hereby indemnify Who Needs The Mall and undertake to keep Who Needs The Mall indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Who Needs The Mall to a third party in settlement of a claim or dispute on the advice of Who Needs The Mall’s legal advisers) incurred or suffered by Who Needs The Mall arising out of any claim that you have breached any provision of these terms and conditions.
Breaches of these terms and conditions
Without prejudice to Who Needs The Mall’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Who Needs The Mall may take such action as Who Needs The Mall deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Who Needs The Mall may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
Who Needs The Mall may transfer, sub-contract or otherwise deal with Who Needs The Mall’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
These terms and conditions constitute the entire agreement between you and Who Needs The Mall in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of South Africa.