Please read this InMall.com User Agreement set out below, which includes disclaimers of liability and other important matters of interest to users generally. By pressing the "I Agree" button, you acknowledge that you have read and understood the InMall.com User Agreement, and you agree unconditionally to be bound by the terms and conditions of the InMall.com User Agreement and all amendments, revisions and additions which we may at our absolute discretion effect from time to time.
- ACCEPTANCE.
By accessing and/or using the services provided through the InMall.com websites (the "InMall.com Services" or the "Services"), you are deemed to have accepted and agreed to be bound by all operational rules and general terms and conditions thereof, including without limitation all the following paragraphs, and to pay any fees associated with the use of the InMall.com Services.
You likewise agree to be bound by any and all laws, rules, regulations and official issuances applicable to InMall.com, now existing or which may hereinafter be issued, as well as such other terms and conditions governing the use of other facilities, benefits or services which may be made available to you through the websites of InMall.com, or of its parent company, subsidiaries or affiliates.
- USE OF SERVICES.
The InMall.com is an online shopping mall which enables or allows users to view, order, shop or buy various good, commodities, products and/or services being advertised, distributed and sold by accredited Merchants or third party vendors through the InMall.com websites and make electronic payment for the same. By way of example, and not as a limitation, you agree that when using a Service, you will not: (1) violate any applicable law, statute, ordinance, rule and regulation; (2) violate any code of conduct or other guidelines which may be applicable for any particular Service; (3) use the Services in connection with surveys, contests, pyramid or ponzi schemes, matrix programs, other "get rich quick" schemes or certain multi-level marketing programs, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise); (4) use the Services for gambling and/or gaming activities, including but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, certain games of skill, and other ventures that facilitate gambling unless the operator has obtained prior approval from InMall.com and the operator and customers are located exclusively in jurisdictions where such gambling activities are permitted by law; (5) use the Services to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others; (6) use the Services to publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name or material or information; (7) use the Services to upload files that contain software or other material protected by intellectual property laws (or rights of privacy) unless you own or control the rights thereto or have received all necessary contents to do the same; (8) use the Services to upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's compute or property of another; (9) use the Services to download any file posted by another user of a Service that you know, or reasonably should know, which cannot be legally distributed in such manner; (10) use the Services to falsify or delete any author attributions, legal other proper notices or proprietary designations or labels of the origin or source of material contained in a file that is uploaded; (11) use the Services to restrict or inhibit any other guidelines which may be applicable for any particular Service; (12) use the Services to show the personal information of third parties in violation of applicable law, harvest or otherwise collect information about others, including e-mail addresses, create a false identity for the purpose of misleading others or to violate the legal rights of others; and (13) use the Services to restrict or inhibit any other user from using and enjoying the Services.
InMall.com has no obligation to screen and monitor the Services. However, InMall.com reserves the right to review the payments made and accepted and other data posted to the Services and to refuse or decline payments in its sole and exclusive discretion. InMall.com reserves the right to civilly or criminally prosecute you for providing any form of false or misleading information to InMall.com or for breach of this Agreement or applicable laws and regulations, regardless of the nature of the information.
Always use caution when giving out any personally identifying information about yourself or your children in using the Services. InMall.com does not control or endorse the content, messages or information found in any Service and, therefore, InMall.com specifically disclaims any liability with regard to the Services and any actions resulting from your participation in any Service. User, managers and hosts are not authorized InMall.com spokespersons, and their views do not necessarily reflect those of InMall.com.
- STATEMENTS, VERIFICATION.
You agree that all disclosures and communications regarding this Agreement and the Services may be made by email and/or by mobile phone. Any electronic disclosure or communication we make will be considered made when it is sent to you
- ACTIVITIES OR TRANSACTIONS INVOLVING INMALL.COM.
InMall.com is not involved in any transaction between you and any other party who uses this Site, and is not acting as your or any other party's agent. InMall.com cannot screen, censor or otherwise control the listings or any transactions, including whether a listing is accurately described, whether an item can be legally purchased or sold or whether a transaction will be completed as described by the seller or the buyer. Further, InMall.com cannot control or warrant the behavior of the users of the Services. As such, your use of InMall.com and its Services is at your own risk, and InMall.com disclaims any liability with regard to use of said Services and any actions resulting from your or any other party's participation in the Services. You hereby agree to release InMall.com, its service partners, agents, employees, consultants, stockholders, officers and directors from all claims, demands and damages, whether actual or consequential, of every kind, whether known or unknown, disclosed or undisclosed, arising out of or in connection with any and all listings, transactions, or any other use of InMall.com and the Services. Further, because InMall.com is not involved in any transactions between you and other users of the Services, and InMall.com being merely considered a passive provider of an online venue/server for the accredited Merchant or third party vendor, InMall.com cannot and will not be involved in resolving any disputes relating to any completed or uncompleted transaction for the purchase or sale of listed goods except to provide access to a User Profile where ratings, comments and feedback about a particular user may be posted and accessed by others.
It is your responsibility to determine whether the purchase or sale of any item is authorized by law, statute, or regulation. Without limitation, InMall.com shall not be used for the purchase or sale of the following items: firearms, explosives, and ammunition; alcoholic beverages; tobacco products; pharmaceuticals, prohibited and regulated drugs; counterfeit, pirated or stolen goods; counterfeit, pirated or other unauthorized software, including unlicensed back-up copies, beta or pre-release software, academic edition software licensed solely for use by authorized educational institutions and other users; any goods that infringe or otherwise violate another party's rights, including copyright, patent, trademark, or rights of publicity or privacy; goods that are, in InMall.com's sole discretion, indecent, obscene or pornographic; registered or unregistered securities; goods which you do not have the legal right to sell; goods which are misrepresented or which do not in fact exist; goods which would cause InMall.com to violate any law, statute, ordinance, rule or regulation. InMall.com reserves the right to cancel any payment at any time for any reason, with or without cause, and reserves the right to prohibit or restrict access to the Services to anyone at any time, with or without cause.
- USERS ELIGIBILITY.
You warrant that you are at least 18 years of age and possess the legal authority to enter into this agreement and to use the Services in accordance with all terms and conditions herein.
If you are buying goods using the Services, you further warrant that you have legal authority to enter into other binding agreements for the purchase of goods. You agree to be financially responsible for all of your use of the Services (as well as for use of your account by others, including without limitation minors living with you). You agree to supervise and be responsible for all usage of minors of the Services under your name or account.
You also warrant that all information supplied by you or members of your household in using the Services, including without limitation your name, email address, street address, telephone number, credit card number, is true and accurate. Failure to provide accurate information may subject you to civil and criminal penalties.
- MODIFICATION OF USER AGREEMENT.
InMall.com reserves the right to change the terms, conditions, and notices under which the InMall.com Websites/Services are offered, including but not limited to the charges associated with the use of the InMall.com Websites/Services. You are responsible for regularly reviewing these terms and conditions and additional terms posted on particular websites. Your continued use of the InMall.com Websites/Services constitutes your agreement to all such terms, conditions, and notices.
- MEMBER ACCOUNT, PASSWORD, AND SECURITY.
If a particular InMall.com Websites/Services requires you to register, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You then will choose a password and a user name. You shall be responsible for updating the information which you have provided to ensure that the information is always current and valid. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify InMall.com immediately of any unauthorized use of your account or any other breach of security. InMall.com will not be liable for any loss or damages that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by InMall.com or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
- RELATIONSHIP.
InMall.com is an independent service provider and as such, does not act on behalf of or as agent of any user. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement or the use of the InMall.com Services.
- LIABILITY DISCLAIMER.
InMall.com does not guarantee the identity of any user. InMall.com is not responsible for the conduct, whether online or offline, of any user of the Website/Services. InMall.com, SMART/Talk n Text, GLOBE/Touch Mobile and SUN, PLDT, BayanTel and other communication facilities are not involved in the actual transaction between the buyers and sellers. As a result, we have no control over the quality, safety or legality of the items advertised, the accuracy of the listings, the ability of buyers to pay for the items or the ability of the sellers to sell or produce the items. We cannot assure that a buyer or seller will complete a transaction.
The Information, Software, Products, and Services included in or available through the InMall.com Websites/Services may include inaccuracies or typographical errors. Changes are periodically made to the InMall.com Websites/Services and to the information therein. InMall.com may make improvements and/or changes in the InMall.com Websites/Services at any time.
InMall.com makes no representations about the suitability, reliability, availability, timeliness, lack of viruses or other harmful components and accuracy of the information, software, products, services and related graphics contained within the InMall.com Websites/Services for any purpose. All such information, software, products, services and related graphics are provided "as is" without warranty of any kind. InMall.com hereby disclaims all warranties and conditions with regard to information, software, products, services and related graphics, including all implied warranties and conditions of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement. You specifically agree that InMall.com shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the InMall.com Websites/Services. You specifically agree that InMall.com is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's right, including intellectual property rights. You specifically agree that InMall.com is not responsible for any content sent using and/or included in any InMall.com Websites/Services by any third party. In no event shall InMall.com be liable for any direct, indirect, actual, moral, exemplary, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the InMall.com Websites/Services, with the delay or inability to use the InMall.com Websites/Services or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the InMall.com Websites/Services, or otherwise arising out of the use of the InMall.com Websites/Services, whether based on contract, tort, negligence, strict liability or otherwise, even if InMall.com has been advised of the possibility of damages. If you are dissatisfied with any portion of the InMall.com Websites/Services, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the InMall.com Websites/Services.
InMall.com will not be liable for any errors, omissions, loss of data, materials or functions by third party sites linked to or from InMall.com Websites and operated by other entities. Third party websites linked to or from our InMall.com Website are the responsibility of those other entities and InMall.com does not endorse the sites even if a link is established between the InMall.com's websites and the website of the other entity.
InMall.com does not have control of or liability for the products or services that are paid for with the Services. InMall.com likewise does not ensure that buyer or seller will complete a transaction.
- INMALL.COM IS NOT A BORROWER.
InMall.com is not considered a borrower of any of your funds and that you will not receive interest or other earnings on the funds that InMall.com holds in your behalf.
- TERMINATION/ACCESS RESTRICTION.
You expressly agree that use of the Services is at your sole risk. Neither InMall.com, nor its affiliates, nor any of their officers, directors, shareholders, or employees, agents, third-party content providers, merchants, sponsors, licensors, or the like, warrant that the Services will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of the Services, or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through the InMall.com Websites.
InMall.com reserves the right, in its sole discretion, to terminate your access to any or all InMall.com Websites/Services and the related services or any portion thereof at any time, without notice. Upon termination of the InMall.com Websites/Service, your right to use the InMall.com Websites/Service immediately ceases. InMall.com shall have no obligation to maintain any content or to forward any unread or unsent messages, bids, notices, materials or any data to you or any third party.
InMall.com also reserves the right to cancel /terminate unconfirmed accounts or accounts that have remained inactive for such period of time as may be determined by InMall.com.
- FEES AND OTHER CHARGES.
Use of the InMall.com Websites/Services in ordering, shopping and buying any good, commodities, products and/or services shall subject you to applicable fees and charges such as but not limited to the costs of the goods and shipping fees as applicable.
InMall.com reserves the right to charge fees based on a Fees Schedule to be formulated by InMall.com. InMall.com further reserves the right to revise any and all fees from time to time, without notice.
You shall be completely responsible for the payment of all charges, fees, duties, taxes, and assessments arising out of the use of the InMall.com Websites/Services in a timely manner through a valid payment method.
Be advised that fees may be assessed and billed to you for time spent on InMall.com, via internet access, separately by your online service provider.
- INTELLECTUAL PROPERTY RIGHTS.
You acknowledge that the InMall.com Websites may contain information, data, software, photographs, graphs, typefaces, graphics, music, sounds, and other material (collectively "Content") that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the existing copyright laws, and the InMall.com Websites own a copyright in the selection, coordination, arrangement, and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. You may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.
- INDEMNITY.
You shall fully indemnify and render InMall.com, its parent company, subsidiaries or affiliates or any of its officers, directors, shareholders, employees and assigns, free and harmless from any and all claims, liabilities, demands, actions, obligations, losses, injuries, damages and proceedings whatsoever made against InMall.com by any person whosoever arising out of or in connection with (a) your use of the InMall.com Websites/Services; (b) any transaction you made through the internet, whether or not using the InMall.com Websites/Services; and (c) breach of this Agreement, or your violation of any law or the rights of a third party.
Furthermore, the Corporation shall be entitled to a reimbursement of all amounts paid as a result of the foregoing.
- ASSIGNMENT.
You shall not assign your InMall.com account, any payments which may be due hereunder, as well as any other rights or obligations you have under this Agreement without prior written consent of the InMall.com. Any assignment made without such consent shall be void.
- INMALL.COM RULES AND REGULATIONS.
You agree to be bound by rules and regulations which InMall.com may from time to time promulgate or issue in connection with the procedures, restrictions, mechanics, fees, charges, taxes, terms and methods of payment, liability, cancellations, refused transactions, complaints processing, notices, account balances, currency, user accounts, and such other terms and conditions for the use of the InMall.com Websites/Services.
- DISPUTES AND GOVERNING LAWS.
All disputes, controversies or claims arising from this User Agreement shall be referred first to mediation by the National Center for Mediation prior to arbitration or litigation.
Thereafter, any disputes arising from this User Agreement shall be finally settled by arbitration administered by the Philippine Dispute Resolution Center, Inc. under its International Arbitration Rules by three arbitrators, one elected by each party, and a third elected by the two arbitrators so chosen. The venue for arbitration shall be in the Philippines. Any legal action brought before a court of law shall be filed exclusive with the proper courts of Parañaque City, Philippines.
This User Agreement shall be governed and construed in accordance with the laws of the Republic of the Philippines.
- Privacy Policy
The INMALL Privacy Policy forms part of this User Agreement. View Privacy Policy
- Return and Shipping Policy
The INMALL Return & Shipping Policy forms part of this User Agreement. View Return & Shipping
- Contact Information
You may reach us from Mondays through Fridays 9am-6pm at:
Address: Experience Commerce Group, Inc. 128 Sun Valley Drive, KM 15 West Service Road, South Superhighway, Paranaque City Philippines.
Telephone no.: 632 8245447
Telefax no.: 632 8245443
Email address: Customercare@inmall.com
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