Terms & Conditions
Thanks for choosing to browse and shop with 365Mall. Please read these Terms and Conditions, which contain important information about your relationship with 365Mall, including mandatory arbitration of disputes between us, instead of class actions or jury trials. You will become bound by these provisions once you accept these Terms and Conditions.
The 365Mall Web site located at www.365Mall.com is a copyrighted work belonging to TT ENTERPRISES (“365Mall”). 365Mall provides an multi-vendor online store offering something special every day.
By clicking “sign in” and entering or otherwise using our Web site or mobile applications (the “Web site”), you agree to and accept these Terms and Conditions. You also agree to and accept our Notice of Privacy Practices , which describes how we use the information you provide 365Mall and is incorporated into these terms and conditions by reference. Please read the Terms and Conditions and our Notice of Privacy Practices carefully as you are agreeing to be bound by them.
Together these terms and conditions and the notice of privacy practices constitute your service agreement (“agreement”) with 365mall. This agreement sets forth the legally binding terms for your use of our web site, any membership you may establish on the site, and your purchase or use of any products or services offered on the site. By accessing and/or using the web site, you represent and warrant that you have the right, authority, and capacity to enter into the agreement and to abide by all of the terms and conditions set forth herein. You may not access or use this website, become a 365mall member, or accept this agreement unless you are at least 18 years old. If you do not agree with all provisions of this agreement, please do not access and/or use the web site, sign up for membership, or purchase products or services through the web site.
365mall reserves the right, at any time, to modify, suspend, or discontinue any web site or any web site feature with or without notice. You agree that 365mall will not be liable to you or to any third party for any modification, suspension, or discontinuance of the web site.
- Account Creation. In order to use certain features of the Web site (e.g., purchasing products and services (referred to collectively as “Products” herein) from the Web site), you must register for an account with 365Mall (“365Mall Account”) and provide certain information about yourself as prompted by the Web site registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Web site does not violate any applicable law or regulation or the terms of this Agreement. You may de-activate your 365Mall Account at any time, for any reason, by unchecking the e-mail preference box on the “My Account” section of the Web site. 365Mall may suspend or terminate your 365Mall Account in accordance with Section 11.
- Account Responsibilities. You are responsible for maintaining the confidentiality of your 365Mall Account login information. You are fully responsible for all activities that are associated with your 365Mall Account (including but not limited to any purchases, use of the Web site, or correspondence from your account to 365Mall). You agree to immediately notify 365Mall of any unauthorized use or suspected unauthorized use of your 365Mall Account or any other breach of security. When you provide 365Mall with such notice, 365Mall will suspend or otherwise secure your Account to prevent future unauthorized activity.
- Terms of Sale
- Products and Pricing. All Products or services listed on the Web site are subject to change, as is Product information, pricing, and availability. In the event a Product is listed at an incorrect price or with incorrect information, we shall have the right, prior to the acceptance of your order (as described in Section 2.3 below), to decline or cancel any such orders, whether or not the order has been confirmed and/or your credit card or PayPal account charged. If your credit card or PayPal has already been charged for the order and we cancel your order, we will issue a credit to your credit card account or PayPal account in the amount of the charge.
- Unless otherwise noted, the “Suggested value” strike-through price displayed for products on our Web site is based on the suggested retail price for the product provided to 365Mall by our vendor or the price advertised by another retailer for the same item or style (which may include a different color or pattern). The strike-through price is not a price at which 365Mall previously sold the product. Because we sell our products over the Internet nationwide and internationally, the strike-through price may or may not represent the prevailing price at any particular time or in every location, and we make no promises about the reliability or accuracy of any such information.
- Some of our vendors provide merchandise to 365Mall that is not widely sold elsewhere or that is exclusive to 365Mall. For items in this category that are similar – but not identical – to products sold through other retailers, we use the phrase “Compare at” next to the strike-through to indicate your savings. This “Compare at” price represents the vendor’s estimated original retail value of a comparable item of the same quality, construction and material offered elsewhere. While pricing is not an exact science, our 365Mall team has years of retail experience and partners with our vendors to determine whether an item is comparable based on the type and quality of the material, and the construction of the item. Ultimately, our “Compare at” price is an estimate of the original retail price of comparable items.
- For items that we offer as a set, the strike-through price is based on the total of all the suggested retail prices for each item in the set. For clothing items that are priced higher for larger sizes, we average the prices across sizes to determine the strike-through price.
- The “you are saving” amount is based on the strike-through price compared to the 365Mall price.
- Nothing can replace your own comparison shopping, and notwithstanding the strike-through price information provided, if this is an important factor for you in your purchasing decision, we recommend you conduct your own individual research as well.
365Mall strictly prohibits any other use of any content available through the Site, including but not limited to:
- any downloading, copying or other use of the content or the Site for purposes competitive to 365Mall or for the benefit of another vendor or any third party;
- any caching, unauthorized linking to the Site or the framing of any content available on the Site;
- any modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any content, products or services obtained from the Site that you do not have a right to make available (such as the intellectual property rights of another party);
- any uploading, posting or transmitting of any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer;
- using any hardware or software intended to surreptitiously intercept or otherwise obtain any information (such as system data or personal information) from the Site (including, but not limited to the use of any “scraping” or other data mining techniques, robots or similar data gathering and extraction tools); or
- any action that imposes or may impose (in 365Mall’s sole discretion) an unreasonable or disproportionately large load on 365Mall’s infrastructure, or damage or interfere with the proper working of our infrastructure.
You are responsible for obtaining access to the Site, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Site. You may not bypass any measures that have been implemented to prevent or restrict access to this Site. Any unauthorized access to the Site by you (including any such access or use that involves in any way an account you may establish on the Site or any device you may use to access the Site) shall terminate the permission or license granted to you by 365Mall.
365Mall reserves the right to refuse or cancel any person’s registration for this Site, remove any person from this Site and prohibit any person from using this Site for any reason whatsoever, and to limit or terminate your access to or use of the Site at any time without notice. 365Mall neither warrants nor represents that your use of the content available on this Site will not infringe rights of third parties not affiliated with 365Mall. Termination of your access or use will not waive or affect any other right or relief to which 365Mall may be entitled, at law or in equity.
Your use of this site is at your sole risk. The site is provided on an “as is” and “as available” basis. We reserve the right to restrict or terminate your access to the site or any feature or part thereof at any time. 365mall disclaims any warranties that access to the site will be uninterrupted or error-free; that the site will be secure; that the site or the server that makes the site available will be virus-free; or that information on the site will be correct, accurate, adequate, useful, timely, reliable or otherwise complete. If you download any content from this site, you do so at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such content. No advice or information obtained by you from the site shall create any warranty of any kind.
- Limitation of liability
You acknolwedge and agree that 365mall merely provides the site and the providers whose products and services are available on the 365mall sites are independent contractors and not agents or employees of 365mall. 365mall is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such third parties or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom.
You acknowledge and agree that you assume full responsibility for your use of the site and/or for use of site’s membership, communications with third parties, and purchase and use of the products and services available through the site. With respect to third party user generated content, 365mall neither originates nor initiates any transmission on the site nor selects the sender and receiver of a transmission nor selects nor modifies the information contained in a transmission. 365mall has no control over the third party user generated content in the site and acts as an “intermediary” as understood in terms of information technology act, 2000 with respect to all third party user generated content.
You acknowledge and agree that any information you send or receive during your membership and/or use of the site may not be secure and may be intercepted by unauthorized parties. You acknowledge and agree that your use of the site is at your own risk and that the site is made available to you at no charge. Recognizing such, you acknowledge and agree that, to the fullest extent permitted by applicable law, neither 365mall nor its licensors, suppliers or third party content providers will be liable for any direct, indirect, punitive, exemplary, incidental, special, consequential or other damages arising out of or in any way related to (1) this site, or any other site or resource you access through a link from this site; (2) any action we take or fail to take as a result of communications you send to us; (3) your 365mall membership, any termination or cancelation of your membership, any referral credit program (or associated credits); (4) any products or services made available or purchased through the site; (5) any fraudulent act committed by any person using the site which may or may not involve financial transactions, including any damages or injury arising from any use of such products or services; (5) any delay or inability to use the site or any information, products or services advertised in or obtained through the site; (6) the modification, removal or deletion of any content submitted or posted on the site; or (7) any use of the site, whether based on contract, tort, strict liability or otherwise, even if 365mall has been advised of the possibility of damages. It is the responsibility of the user to evaluate the accuracy, completeness or usefulness of any opinion, advice or other content available through the site, or obtained from a linked site or resource. This disclaimer applies, without limitation, to any damages or injury arising from any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, file corruption, communication-line failure, network or system outage, loss of profits by you, or theft, destruction, unauthorized access to, alteration of, loss or use of any record or data, and any other tangible or intangible loss. You specifically acknowledge and agree that neither 365mall nor its licensors, suppliers, franchisees or third party content providers shall be liable for any defamatory, offensive or illegal conduct of any user of the site. Your remedy for any of the above claims or any dispute with 365mall is to discontinue your use of the site. You and 365mall agree that any cause of action arising out of or related to the site must commence within one (1) year after the cause of action accrues or the cause of action is permanently barred. notwithstanding anything to the contrary contained elsewhere, 365mall’s total liability towards you for all liabilities arising from your use of the site or purchasing products using the site shall not, be it in tort or contract, exceed the amount paid by you to 365mall’s franchisees against the value of the products ordered by you using the site.
- Electronic communications
When you use the Site or send emails to 365Mall, you are communicating with 365Mall electronically. You consent to receive electronically any communications related to your use of this Site. 365Mall will communicate with you by email or by posting notices on this Site. Please refer to the Privacy Notice to opt-out of communication that you may not desire to receive from 365Mall. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from 365Mall intended for receipt by a customer shall be deemed delivered and effective when sent to the email address you provide on the Site.
- Access to password-protected areas of the site
Access to and use of password-protected areas of the Site is restricted to authorized users only. You are responsible for protecting your login credentials, including any password. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your login credentials. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your login credentials, notify 365Mall immediately. 365Mall may assume that any communications we receive from your email or other address, or communications that are associated with your login credentials or your account on this Site, have been made by you unless we receive notice indicating otherwise.
- Trademarks and Copyrights
The trademarks, logos, design marks and service marks (“Marks”) displayed on the Site are the property of 365Mall or its licensors or content providers, or other parties. Users or any parties acting on their behalf are prohibited from using any Marks for any purpose including, but not limited to use as meta tags on other pages or sites without the written permission of 365Mall or such third party which may own the Marks. You may not use frames or utilize framing techniques or technology to enclose any content included on the Site without 365Mall’s express written consent. Further, you may not utilize any Site content in any meta tags or any other “hidden text” techniques or technologies without 365Mall’s express written consent. All content (including any software programs) available on or through the Site is protected by copyright, trademark and other applicable laws.
- Claims of intellectual property infringement
365Mall respects the intellectual property rights of others, and we ask our users to do the same. You are hereby informed that 365Mall has adopted and reasonably implemented a policy that provides for the termination in appropriate circumstances of website users or 365Mall members who are repeat copyright infringers. 365Mall may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts and/or memberships of users who may be infringing the intellectual property of a third party. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please contact us at: firstname.lastname@example.org.
365Mall may update this contact information from time to time without notice to you. We will post the current contact information on this Site.
- Entire agreement
- Governing law and dispute resolution
- Effect of termination/survival of selected provisions