Terms & Conditions
Updated at 2022-03-01
General Terms
By accessing and placing an order with ABAPAMALL, you
confirm that you are in agreement with and bound by the terms of service
contained in the Terms & Conditions outlined below. These terms apply to
the entire website and any email or other type of communication between you and
ABAPAMALL.
Under no circumstances shall ABAPAMALL team be liable for
any direct, indirect, special, incidental or consequential damages, including,
but not limited to, loss of data or profit, arising out of the use, or the
inability to use, the materials on this site, even if ABAPAMALL team or an
authorized representative has been advised of the possibility of such damages.
If your use of materials from this site results in the need for servicing,
repair or correction of equipment or data, you assume any costs thereof.
ABAPAMALL will not be responsible for any outcome that may
occur during the course of usage of our resources. We reserve the rights to
change prices and revise the resources usage policy in any moment. This Terms
& Conditions was created with Termify.
License
ABAPAMALL grants you a revocable, non-exclusive,
non-transferable, limited license to download, install and use the website/app
strictly in accordance with the terms of this Agreement.
These Terms & Conditions are a contract between you and ABAPAMALL
(referred to in these Terms & Conditions as "ABAPAMALL",
"us", "we" or "our"), the provider of the ABAPAMALL
website and the services accessible from the ABAPAMALL website (which are
collectively referred to in these Terms & Conditions as the "ABAPAMALL
Service").
You are agreeing to be bound by these Terms &
Conditions. If you do not agree to these Terms & Conditions, please do not
use the ABAPAMALL Service. In these Terms & Conditions, "you"
refers both to you as an individual and to the entity you represent. If you
violate any of these Terms & Conditions, we reserve the right to cancel
your account or block access to your account without notice.
Definitions and key terms
To help explain things as clearly as possible in this Terms
& Conditions, every time any of these terms are referenced, are strictly
defined as:
Restrictions
You agree not to, and you will not permit others to:
Return and Refund Policy
Thanks for shopping at ABAPAMALL. We appreciate the fact
that you like to buy the stuff we build. We also want to make sure you have a
rewarding experience while you’re exploring, evaluating, and purchasing our
products.
As with any shopping experience, there are terms and
conditions that apply to transactions at ABAPAMALL. We’ll be as brief as our
attorneys will allow. The main thing to remember is that by placing an order or
making a purchase at ABAPAMALL, you agree to the terms along with ABAPAMALL’s Privacy
Policy.
If, for any reason, You are not completely satisfied with
any good or service that we provide, don’t hesitate to contact us and we will
discuss any of the issues you are going through with our product.
Your Suggestions
Any feedback, comments, ideas, improvements or suggestions
(collectively, "Suggestions") provided by you to ABAPAMALL with
respect to the website/app shall remain the sole and exclusive property of ABAPAMALL.
ABAPAMALL shall be free to use, copy, modify, publish, or
redistribute the Suggestions for any purpose and in any way without any credit
or any compensation to you.
Your Consent
We’ve updated our Terms & Conditions to
provide you with complete transparency into what is being set when you visit
our site and how it’s being used. By using our website/app, registering an
account, or making a purchase, you hereby consent to our Terms &
Conditions.
Links to Other Websites
This Terms & Conditions applies only to the Services.
The Services may contain links to other websites not operated or controlled by ABAPAMALL.
We are not responsible for the content, accuracy or opinions expressed in such
websites, and such websites are not investigated, monitored or checked for
accuracy or completeness by us. Please remember that when you use a link to go
from the Services to another website, our Terms & Conditions are no longer
in effect. Your browsing and interaction on any other website, including those
that have a link on our platform, is subject to that website’s own rules and
policies. Such third parties may use their own cookies or other methods to
collect information about you.
Cookies
ABAPAMALL uses "Cookies" to identify the areas of
our website that you have visited. A Cookie is a small piece of data stored on
your computer or mobile device by your web browser. We use Cookies to enhance
the performance and functionality of our website/app but are non-essential to
their use. However, without these cookies, certain functionality like videos
may become unavailable or you would be required to enter your login details
every time you visit the website/app as we would not be able to remember that
you had logged in previously. Most web browsers can be set to disable the use
of Cookies. However, if you disable Cookies, you may not be able to access
functionality on our website correctly or at all. We never place Personally
Identifiable Information in Cookies.
Changes To Our Terms & Conditions
You acknowledge and agree that may stop (permanently or
temporarily) providing the Service (or any features within the Service) to you
or to users generally at ’s sole discretion, without prior notice to you.
You may stop using the Service at any time. You do not need to specifically
inform when you stop using the Service. You acknowledge and agree that
if disables access to your account, you may be prevented from accessing
the Service, your account details or any files or other materials which is
contained in your account.
If we decide to change our Terms & Conditions, we will
post those changes on this page, and/or update the Terms & Conditions
modification date below.
Modifications to Our website/app
ABAPAMALL reserves the right to modify, suspend or
discontinue, temporarily or permanently, the website/app or any service to
which it connects, with or without notice and without liability to you.
Updates to Our website/app
ABAPAMALL may from time to time provide enhancements or
improvements to the features/ functionality of the website/app, which may
include patches, bug fixes, updates, upgrades and other modifications
("Updates").
Updates may modify or delete certain features and/or
functionalities of the website/app. You agree that ABAPAMALL has no obligation
to (i) provide any Updates, or (ii) continue to provide or enable any
particular features and/or functionalities of the website/app to you.
You further agree that all Updates will be (i) deemed to
constitute an integral part of the website/app, and (ii) subject to the terms
and conditions of this Agreement.
Third-Party Services
We may display, include or make available third-party
content (including data, information, applications and other products services)
or provide links to third-party websites or services ("Third- Party
Services").
You acknowledge and agree that ABAPAMALL shall not be
responsible for any Third-Party Services, including their accuracy,
completeness, timeliness, validity, copyright compliance, legality, decency,
quality or any other aspect thereof. ABAPAMALL does not assume and shall not
have any liability or responsibility to you or any other person or entity for
any Third-Party Services.
Third-Party Services and links thereto are provided solely
as a convenience to you and you access and use them entirely at your own risk
and subject to such third parties’ terms and conditions.
Term and Termination
This Agreement shall remain in effect until terminated by
you or ABAPAMALL.
ABAPAMALL may, in its sole discretion, at any time and for
any or no reason, suspend or terminate this Agreement with or without prior
notice.
This Agreement will terminate immediately, without prior
notice from ABAPAMALL, in the event that you fail to comply with any provision
of this Agreement. You may also terminate this Agreement by deleting the
website/app and all copies thereof from your computer.
Upon termination of this Agreement, you shall cease all use
of the website/app and delete all copies of the website/app from your computer.
Termination of this Agreement will not limit any of ABAPAMALL’s
rights or remedies at law or in equity in case of breach by you (during the
term of this Agreement) of any of your obligations under the present Agreement.
Copyright Infringement Notice
If you are a copyright owner or such owner’s agent and
believe any material on our website/app constitutes an infringement on your
copyright, please contact us setting forth the following information: (a) a
physical or electronic signature of the copyright owner or a person authorized
to act on his behalf; (b) identification of the material that is claimed to be
infringing; (c) your contact information, including your address, telephone
number, and an email; (d) a statement by you that you have a good faith belief
that use of the material is not authorized by the copyright owners; and (e) the
a statement that the information in the notification is accurate, and, under
penalty of perjury you are authorized to act on behalf of the owner.
Indemnification
You agree to indemnify and hold ABAPAMALL and its parents,
subsidiaries, affiliates, officers, employees, agents, partners and licensors
(if any) harmless from any claim or demand, including reasonable attorneys’
fees, due to or arising out of your: (a) use of the website/app; (b) violation
of this Agreement or any law or regulation; or (c) violation of any right of a
third party.
No Warranties
The website/app is provided to you "AS IS" and
"AS AVAILABLE" and with all faults and defects without warranty of
any kind. To the maximum extent permitted under applicable law, ABAPAMALL, on
its own behalf and on behalf of its affiliates and its and their respective
licensors and service providers, expressly disclaims all warranties, whether
express, implied, statutory or otherwise, with respect to the website/app,
including all implied warranties of merchantability, fitness for a particular
purpose, title and non-infringement, and warranties that may arise out of
course of dealing, course of performance, usage or trade practice. Without
limitation to the foregoing, ABAPAMALL provides no warranty or undertaking, and
makes no representation of any kind that the website/app will meet your
requirements, achieve any intended results, be compatible or work with any
other software, , systems or services, operate without interruption, meet any
performance or reliability standards or be error free or that any errors or
defects can or will be corrected.
Without limiting the foregoing, neither ABAPAMALL nor any ABAPAMALL’s
provider makes any representation or warranty of any kind, express or implied:
(i) as to the operation or availability of the website/app, or the information,
content, and materials or products included thereon; (ii) that the website/app
will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or
currency of any information or content provided through the website/app; or
(iv) that the website/app, its servers, the content, or e-mails sent from or on
behalf of ABAPAMALL are free of viruses, scripts, trojan horses, worms,
malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of or
limitations on implied warranties or the limitations on the applicable
statutory rights of a consumer, so some or all of the above exclusions and
limitations may not apply to you.
Limitation of Liability
Notwithstanding any damages that you might incur, the entire
liability of ABAPAMALL and any of its suppliers under any provision of this
Agreement and your exclusive remedy for all of the foregoing shall be limited
to the amount actually paid by you for the website/app.
To the maximum extent permitted by applicable law, in no
event shall ABAPAMALL or its suppliers be liable for any special, incidental,
indirect, or consequential damages whatsoever (including, but not limited to,
damages for loss of profits, for loss of data or other information, for
business interruption, for personal injury, for loss of privacy arising out of
or in any way related to the use of or inability to use the website/app,
third-party software and/or third-party hardware used with the website/app, or
otherwise in connection with any provision of this Agreement), even if ABAPAMALL
or any supplier has been advised of the possibility of such damages and even if
the remedy fails of its essential purpose.
Some states/jurisdictions do not allow the exclusion or
limitation of incidental or consequential damages, so the above limitation or
exclusion may not apply to you.
Severability
If any provision of this Agreement is held to be
unenforceable or invalid, such provision will be changed and interpreted to
accomplish the objectives of such provision to the greatest extent possible
under applicable law and the remaining provisions will continue in full force
and effect.
This Agreement, together with the Privacy Policy and any
other legal notices published by ABAPAMALL on the Services, shall constitute
the entire agreement between you and ABAPAMALL concerning the Services. If any
provision of this Agreement is deemed invalid by a court of competent
jurisdiction, the invalidity of such provision shall not affect the validity of
the remaining provisions of this Agreement, which shall remain in full force
and effect. No waiver of any term of this Agreement shall be deemed a further
or continuing waiver of such term or any other term, and ABAPAMALL’s failure to
assert any right or provision under this Agreement shall not constitute a
waiver of such right or provision. YOU AND ABAPAMALL AGREE THAT ANY CAUSE OF
ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1)
YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS
PERMANENTLY BARRED.
Waiver
Except as provided herein, the failure to exercise a right
or to require performance of an obligation under this Agreement shall not
effect a party’s ability to exercise such right or require such performance at
any time thereafter nor shall be the waiver of a breach constitute waiver of
any subsequent breach.
o failure to exercise, and no delay in exercising, on the
part of either party, any right or any power under this Agreement shall operate
as a waiver of that right or power. Nor shall any single or partial exercise of
any right or power under this Agreement preclude further exercise of that or
any other right granted herein. In the event of a conflict between this
Agreement and any applicable purchase or other terms, the terms of this
Agreement shall govern.
Amendments to this Agreement
ABAPAMALL reserves the right, at its sole discretion, to
modify or replace this Agreement at any time. If a revision is material we will
provide at least 30 days’ notice prior to any new terms taking effect. What
constitutes a material change will be determined at our sole discretion.
By continuing to access or use our website/app after any
revisions become effective, you agree to be bound by the revised terms. If you
do not agree to the new terms, you are no longer authorized to use ABAPAMALL.
Entire Agreement
The Agreement constitutes the entire agreement between you
and ABAPAMALL regarding your use of the website/app and supersedes all prior
and contemporaneous written or oral agreements between you and ABAPAMALL.
You may be subject to additional terms and conditions that
apply when you use or purchase other ABAPAMALL’s services, which ABAPAMALL will
provide to you at the time of such use or purchase.
Updates to Our Terms
We may change our Service and policies, and we may need to
make changes to these Terms so that they accurately reflect our Service and
policies. Unless otherwise required by law, we will notify you (for example,
through our Service) before we make changes to these Terms and give you an
opportunity to review them before they go into effect. Then, if you continue to
use the Service, you will be bound by the updated Terms. If you do not want to
agree to these or any updated Terms, you can delete your account.
Intellectual Property
The website/app and its entire contents, features and
functionality (including but not limited to all information, software, text,
displays, images, video and audio, and the design, selection and arrangement
thereof), are owned by ABAPAMALL, its licensors or other providers of such
material and are protected by CI and international copyright, trademark,
patent, trade secret and other intellectual property or proprietary rights
laws. The material may not be copied, modified, reproduced, downloaded or
distributed in any way, in whole or in part, without the express prior written
permission of ABAPAMALL, unless and except as is expressly provided in these
Terms & Conditions. Any unauthorized use of the material is prohibited.
Agreement to Arbitrate
This section applies to any dispute EXCEPT IT DOESN’T
INCLUDE A DISPUTE RELATING TO CLAIMS FOR INJUNCTIVE OR EQUITABLE RELIEF
REGARDING THE ENFORCEMENT OR VALIDITY OF YOUR OR ABAPAMALL’s INTELLECTUAL
PROPERTY RIGHTS. The term “dispute” means any dispute, action, or other
controversy between you and ABAPAMALL concerning the Services or this
agreement, whether in contract, warranty, tort, statute, regulation, ordinance,
or any other legal or equitable basis. “Dispute” will be given the broadest
possible meaning allowable under law.
Notice of Dispute
In the event of a dispute, you or ABAPAMALL must give the
other a Notice of Dispute, which is a written statement that sets forth the
name, address, and contact information of the party giving it, the facts giving
rise to the dispute, and the relief requested. You must send any Notice of
Dispute via email to: [email protected] ABAPAMALL
will send any Notice of Dispute to you by mail to your address if we have it,
or otherwise to your email address. You and ABAPAMALL will attempt to resolve
any dispute through informal negotiation within sixty (60) days from the date
the Notice of Dispute is sent. After sixty (60) days, you or ABAPAMALL may
commence arbitration.
Binding Arbitration
If you and ABAPAMALL don’t resolve any dispute by informal
negotiation, any other effort to resolve the dispute will be conducted
exclusively by binding arbitration as described in this section. You are giving
up the right to litigate (or participate in as a party or class member) all
disputes in court before a judge or jury. The dispute shall be settled by
binding arbitration in accordance with the commercial arbitration rules of the
American Arbitration Association. Either party may seek any interim or
preliminary injunctive relief from any court of competent jurisdiction, as
necessary to protect the party’s rights or property pending the completion of
arbitration. Any and all legal, accounting, and other costs, fees, and expenses
incurred by the prevailing party shall be borne by the non-prevailing party.
Submissions and Privacy
In the event that you submit or post any ideas, creative
suggestions, designs, photographs, information, advertisements, data or
proposals, including ideas for new or improved products, services, features,
technologies or promotions, you expressly agree that such submissions will
automatically be treated as non-confidential and non-proprietary and will
become the sole property of ABAPAMALL without any compensation or credit to you
whatsoever. ABAPAMALL and its affiliates shall have no obligations with respect
to such submissions or posts and may use the ideas contained in such
submissions or posts for any purposes in any medium in perpetuity, including,
but not limited to, developing, manufacturing, and marketing products and
services using such ideas.
Promotions
ABAPAMALL may, from time to time, include contests,
promotions, sweepstakes, or other activities (“Promotions”) that require you to
submit material or information concerning yourself. Please note that all
Promotions may be governed by separate rules that may contain certain
eligibility requirements, such as restrictions as to age and geographic
location. You are responsible to read all Promotions rules to determine whether
or not you are eligible to participate. If you enter any Promotion, you agree
to abide by and to comply with all Promotions Rules.
Additional terms and conditions may apply to purchases of
goods or services on or through the Services, which terms and conditions are
made a part of this Agreement by this reference.
Typographical Errors
In the event a product and/or service is listed at an
incorrect price or with incorrect information due to typographical error, we
shall have the right to refuse or cancel any orders placed for the product
and/or service listed at the incorrect price. We shall have the right to refuse
or cancel any such order whether or not the order has been confirmed and your
credit card charged. If your credit card has already been charged for the
purchase and your order is canceled, we shall immediately issue a credit to
your credit card account or other payment account in the amount of the charge.
Miscellaneous
If for any reason a court of competent jurisdiction finds
any provision or portion of these Terms & Conditions to be unenforceable,
the remainder of these Terms & Conditions will continue in full force and
effect. Any waiver of any provision of these Terms & Conditions will be
effective only if in writing and signed by an authorized representative of ABAPAMALL.
ABAPAMALL will be entitled to injunctive or other equitable relief (without the
obligations of posting any bond or surety) in the event of any breach or
anticipatory breach by you. ABAPAMALL operates and controls the ABAPAMALL
Service from its offices in CI. The Service is not intended for distribution to
or use by any person or entity in any jurisdiction or country where such
distribution or use would be contrary to law or regulation. Accordingly, those
persons who choose to access the ABAPAMALL Service from other locations do so
on their own initiative and are solely responsible for compliance with local
laws, if and to the extent local laws are applicable. These Terms &
Conditions (which include and incorporate the ABAPAMALL Privacy Policy)
contains the entire understanding, and supersedes all prior understandings,
between you and ABAPAMALL concerning its subject matter, and cannot be changed
or modified by you. The section headings used in this Agreement are for
convenience only and will not be given any legal import.
Disclaimer
ABAPAMALL is not responsible for any content, code or any
other imprecision.
ABAPAMALL does not provide warranties or guarantees.
In no event shall ABAPAMALL be liable for any special,
direct, indirect, consequential, or incidental damages or any damages
whatsoever, whether in an action of contract, negligence or other tort, arising
out of or in connection with the use of the Service or the contents of the Service.
The Company reserves the right to make additions, deletions, or modifications
to the contents on the Service at any time without prior notice.
The ABAPAMALL Service and its contents are provided "as
is" and "as available" without any warranty or representations
of any kind, whether express or implied. ABAPAMALL is a distributor and not a
publisher of the content supplied by third parties; as such, ABAPAMALL
exercises no editorial control over such content and makes no warranty or
representation as to the accuracy, reliability or currency of any information,
content, service or merchandise provided through or accessible via the ABAPAMALL
Service. Without limiting the foregoing, ABAPAMALL specifically disclaims all
warranties and representations in any content transmitted on or in connection
with the ABAPAMALL Service or on sites that may appear as links on the ABAPAMALL
Service, or in the products provided as a part of, or otherwise in connection
with, the ABAPAMALL Service, including without limitation any warranties of
merchantability, fitness for a particular purpose or non-infringement of third
party rights. No oral advice or written information given by ABAPAMALL or any
of its affiliates, employees, officers, directors, agents, or the like will
create a warranty. Price and availability information is subject to change
without notice. Without limiting the foregoing, ABAPAMALL does not warrant that
the ABAPAMALL Service will be uninterrupted, uncorrupted, timely, or
error-free.
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