This Terms and Conditions, and all policies and additional terms posted on and in our sites, applications, tools and services (collectively “Services") set out the terms on which All1Zed Shopping Mall offers you access to and use of our Services. All policies and additional terms posted on and in our sites, applications, tools, and services are incorporated into this Terms and Conditions. You agree to comply with all of the terms of this Terms and Conditions when accessing or using our Services.
The entity you are contracting with is: All1Zed Shopping Mall ., Publicity House, Plot No. 2338 Kabelenga Road, Lusaka, Zambia., In this Terms and Conditions, the entity is individually referred to as “All1Zed Shopping Mall," “we," or “us."
Please be advised that this Terms and Conditions contains provisions that govern how claims you and we have against each other are resolved (see Disclaimer of Warranties; Limitation of Liability and Legal Disputes provisions below). It also contains an Agreement to Arbitrate, which will, with limited exception, require you to submit claims you have against us or our agents to binding and final arbitration. (1) you will only be permitted to pursue claims against us or our agents on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
- About All1Zed Shopping Mall
All1Zed Shopping Mall is a marketplace that allows users to offer, sell and buy just about anything in a variety of pricing formats and locations. The actual contract for sale is directly between the seller and buyer. All1Zed Shopping Mall is not a traditional auctioneer.
While we may provide pricing, shipping, listing, sourcing, and other guidance in our Services, such guidance is solely informational and you may decide to follow it or not. Also, while we may help facilitate the resolution of disputes through various programs, All1Zed Shopping Mall has no control over and does not guarantee: the existence, quality, safety or legality of items advertised; the truth or accuracy of users’ content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.
- Using All1Zed Shopping Mall
In connection with using or accessing the Services you will not:
- post, list or upload content or items in inappropriate categories or areas on our sites;
- breach or circumvent any laws, third-party rights or our systems, policies, or determinations of your account status;
- use our Services if you are not able to form legally binding contracts (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using our sites, services, applications or tools;
- fail to pay for items purchased by you, unless you have a valid reason as set out in an All1Zed Shopping Mall policy, for example, the seller has materially changed the item’s description after you bid, a clear typographical error is made, or you cannot contact the seller.
- fail to deliver items sold by you, unless you have a valid reason as set out in an All1Zed Shopping Mall policy, for example, the buyer fails to comply with the posted terms in your listing or you cannot contact the buyer;
- manipulate the price of any item or interfere with any other user’s listings;
- post false, inaccurate, misleading, deceptive, defamatory, or libelous content;
- take any action that may undermine the feedback or ratings systems
- transfer your All1Zed Shopping Mall account (including Feedback) and user ID to another party without our consent;
- distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
- distribute viruses or any other technologies that may harm All1Zed Shopping Mall or the interests or property of users;
- use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our Services for any purpose, except with the prior express permission of All1Zed Shopping Mall;
- interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;
- export or re-export any All1Zed Shopping Mall application or tool, except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;
- infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, “Intellectual Property Rights") that belong to or are licensed to All1Zed Shopping Mall. Some, but not all, actions that may constitute infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to All1Zed Shopping Mall or someone else;
- infringe any Intellectual Property Rights that belong to third parties affected by your use of the Services or post content that does not belong to you;
- commercialize any All1Zed Shopping Mall application or any information or software associated with such application, except with the prior express permission of All1Zed Shopping Mall;
- harvest or otherwise collect information about users without their consent; or
- circumvent any technical measures we use to provide the Services.
Sellers must meet All1Zed Shopping Mall’s minimum standards. Failure to meet these standards may result in All1Zed Shopping Mall charging you additional fees, and/or limiting, restricting, suspending, or downgrading your seller account.
If we believe you are abusing All1Zed Shopping Mall and/or our Services in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services, delay or remove hosted content, remove any special status associated with your account(s), remove, not display, and/or demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services.
If you are a seller and you offer or reference your contact information or ask a buyer for their contact information in the context of buying or selling outside of All1Zed Shopping Mall, you may be liable to pay a final value fee applicable to that item, even if the item does not sell.
We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services. Additionally, we reserve the right to refuse or terminate all or part of our Services to anyone for any reason at our discretion.
- Policy Enforcement
When a buyer or seller issue arises, we may consider the user’s performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing for both buyers and sellers.
The fees we charge for using our Services are listed on our vendor agreement page. We may change our seller fees from time to time by posting the changes on the All1Zed Shopping Mall site 14 days in advance, but with no advance notice required for temporary promotions or any changes that result in the reduction of fees.
If you are a seller, you are liable for transaction fees arising out of all sales made using some or all All1Zed Shopping Mall Services, even if sales terms are finalized or payment is made outside of All1Zed Shopping Mall. In particular, if you offer or reference your contact information or ask a buyer for their contact information in the context of buying or selling outside of All1Zed Shopping Mall, you may be liable to pay a final value fee applicable to that item, even if the item doesn’t sell, given your usage of All1Zed Shopping Mall Services for the introduction to a buyer.
- Listing Conditions
When listing an item, you agree to comply with All1Zed Shopping Mall’s Listing policies and Selling policy and that:
- You are responsible for the accuracy and content of the listing and item offered
- Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances). All1Zed Shopping Mall can’t guarantee exact listing durations
- Content that violates any of All1Zed Shopping Mall’s policies may be modified, obfuscated or deleted at All1Zed Shopping Mall’s discretion
- We may revise product data associated with listings to supplement, remove, or correct information
- We strive to create a marketplace where buyers find what they are looking for. Therefore, the appearance or placement of listings in search and browse results will depend on a variety of factors, including, but not limited to:
- buyer’s location, search query, browsing site, and history;
- item’s location, listing format, price and shipping cost, terms of service, end time, history, and relevance to the user query;
- seller’s history, including listing practices, Detailed Seller Ratings, All1Zed Shopping Mall policy compliance, Feedback, and defect rate; and
- number of listings matching the buyer’s query
- Metatags and URL links that are included in a listing may be removed or altered so as to not affect third-party search engine results
- We may provide you with optional recommendations to consider when creating your listings. Such recommendations may be based on the aggregated sales and performance history of similar sold and current listings; results will vary for individual listings.
- Purchase Conditions
When buying an item, you agree to the following Rules
- You are responsible for reading the full item listing before commitment to buy
- You enter into a legally binding contract to purchase an item when you commit to buy an item, your offer for an item is accepted.
- For motor vehicles and real estate, an offer initiates a non-binding transaction representing a buyer’s serious expression of interest in buying the seller’s item and does not create a formal contract between the buyer and the seller
- We do not transfer legal ownership of items from the seller to the buyer
When providing content using the Services (directly or indirectly), you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all Intellectual Property Rights (as defined above) you have in that content in connection with our provision, expansion, and promotion of the Services, in any media known now or developed in the future. To the fullest extent permitted under applicable law, you waive your right to enforce against All1Zed Shopping Mall, our assignees, our sublicensees, and their assignees your Intellectual Property Rights in that content in connection with our, those assignees’, and those sublicensees’ use of that content in connection with our provision, expansion, and promotion of the Services.
You represent and warrant that, for all such content you provide, you own or otherwise control all necessary rights to do so and to meet your obligations under this Terms and Conditions. You represent and warrant that such content is accurate. You represent and warrant that use of any such content (including derivative works) by us, our users, or others in contract with us, and in compliance with this Terms and Conditions, does not and will not infringe any Intellectual Property Rights of any third party. All1Zed Shopping Mall takes no responsibility and assumes no liability for any content provided by you or any third party.
We offer product data (including images, descriptions and specifications) that are provided by third parties (including All1Zed Shopping Mall users). You may use that content solely in your All1Zed Shopping Mall listings. All1Zed Shopping Mall may modify or revoke that permission at any time in our sole discretion. The product data includes copyrighted, trademarked and other proprietary materials. You agree not to remove any copyright, proprietary, or identification markings in the product data and not to create any derivative works based on that data (other than by including the data in your listings).
We try to offer reliable product data, but cannot promise that the content provided through the Services will always be available, accurate, complete, and up-to-date. You agree that All1Zed Shopping Mall is not responsible for examining or warranting the listings or content provided by third parties through the Services, and that you will not attempt to hold us or our data providers liable for inaccuracies. As a seller, you agree to ensure that content directly associated with your listings is accurate.
The name “All1Zed" and other All1Zed marks, logos, designs, and phrases that we use in connection with our Services are trademarks, service marks, or trade dress of All1Zed Shopping Mall in Zambia and other countries. They may not be used without the express written prior permission of All1Zed.
To protect All1Zed Shopping Mall from risk of liability for your actions as a seller, All1Zed Shopping Mall has a policy of holding to payments from buyers for seven (7) days, that all1zed shopping mall restrict access to funds in a seller’s All1zed account based on certain factors, including, but not limited to, selling history, seller performance, returns, riskiness of the listing category, transaction value. This may result in all1zed restricting funds in your bank account.
- Authorization to Contact You; Recording Calls; Analyzing Message Content
All1Zed Shopping Mall may, without further notice or warning and in its discretion, monitor or record telephone conversations you or anyone acting on your behalf has with All1Zed Shopping Mall or its agents for quality control and training purposes, or for its own protection.
All1Zed Shopping Mall’s automated systems scan and analyze the contents of every message sent through its messages platform, including messages between users, to detect and prevent fraudulent activity or violations of All1Zed Shopping Mall’s Terms and Conditions, including the incorporated terms, notices, rules, and policies. This scanning and analysis may occur before, during, or after the message is sent, or while in storage, and may result in your message being delayed or withheld. All1Zed Shopping Mall may store message contents, including to conduct this scanning and analysis.
Privacy of Others; Marketing
If All1Zed Shopping Mall provides you with information about another user, you agree you will use the information only for the purposes that it is provided to you. You may not disclose, sell, rent, or distribute a user’s information to a third party for purposes unrelated to the Services. Additionally, you may not use information for marketing purposes, via electronic or other means, unless you obtain the consent of the specific user to do so.
- Additional Terms
Returns and Cancellations
Sellers can create rules to automate replacements, returns, and refunds under certain circumstances. For all new sellers, in listings where returns are accepted, All1Zed Shopping Mall will set a default rule that automates the return process. Sellers may remove or customize their return preferences in their account settings within All1Zed Shopping Mall. You agree to comply with our returns policy.
When an item is returned, to refund the buyer, you (as seller) authorize All1Zed Shopping Mall to pay the buyer from your All1Zed account, place the amount on your invoice, and/or charge your payment method on file.
The cost of return shipping for an item that is not as described is the seller’s responsibility.
- Disclaimer of Warranties; Limitation of Liability
We try to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services.
You agree that you are making use of our Services at your own risk, and that they are being provided to you on an “AS IS" and “AS AVAILABLE" basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
In addition, to the extent permitted by applicable law, we are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from:
- the content you provide (directly or indirectly) using the Services;
- your use of or your inability to use our Services;
- pricing, shipping, format, or other guidance provided by All1Zed Shopping Mall;
- delays or disruptions in our Services;
- viruses or other malicious software obtained by accessing or linking to our Services;
- glitches, bugs, errors, or inaccuracies of any kind in our Services;
- damage to your hardware device from the use of any All1Zed Shopping Mall Service;
- the content, actions, or inactions of third parties, including items listed using our Services or the destruction of allegedly fake items;
- a suspension or other action taken with respect to your account or breach of the Abusing All1Zed Shopping Mall Section above;
- the duration or manner in which your listings appear in search results as set out in the Listing Conditions Section above; or
- your need to modify practices, content, or behavior, or your loss of or inability to do business, as a result of changes to this Terms and Conditions or our policies.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) any amounts due under the All1Zed Shopping Mall Money Back Guarantee up to the price the item sold for on All1Zed Shopping Mall (including any applicable sales tax) and its original shipping costs
If you have a dispute with one or more users, you release us from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
You will indemnify and hold us harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this Terms and Conditions, your improper use of All1Zed Shopping Mall’s Services or your breach of any law or the rights of a third party.
- Legal Disputes
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND ALL1ZED SHOPPING MALL HAVE AGAINST EACH OTHER ARE RESOLVED.
You and All1Zed Shopping Mall agree that any claim or dispute at law or equity that has arisen, or may arise, between you and All1Zed Shopping Mall (including any claim or dispute between you and a third-party agent of All1Zed Shopping Mall) that relates in any way to or arises out of this or previous versions of this Terms and Conditions, your use of or access to the Services, the actions of All1Zed Shopping Mall or its agents, or any products or services sold or purchased through the Services, will be resolved in accordance with the provisions set forth in this Legal Disputes Section.
- Applicable Law
You agree that, except to the extent inconsistent with or preempted by Zambian law, without regard to principles of conflict of laws, will govern this Terms and Conditions and any claim or dispute that has arisen or may arise between you and All1Zed Shopping Mall, except as otherwise stated in this Terms and Conditions.
- Agreement to Arbitrate
You and All1Zed Shopping Mall each agree that any and all disputes or claims that have arisen, or may arise, between you and All1Zed Shopping Mall (including any disputes or claims between you and a third-party agent of All1Zed Shopping Mall) that relate in any way to or arise out of this or previous versions of the Terms and Conditions, your use of or access to the Services, the actions of All1Zed Shopping Mall or its agents, or any products or services sold, offered, or purchased through the Services shall be resolved exclusively through final and binding arbitration, rather than in court. Alternatively, you may assert your claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Zambian arbitration Act 2000 governs the interpretation and enforcement of this Agreement to Arbitrate.
- Prohibition of Class and Representative Actions and Non-Individualized Relief YOU AND ALL1ZED SHOPPING MALL AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. UNLESS BOTH YOU AND ALL1ZED SHOPPING MALL AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court, subject to your and All1Zed Shopping Mall’s right to appeal the court’s decision. All other claims will be arbitrated.
- Arbitration Procedures Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of the Terms and Conditions as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of Section 1 of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief"), shall be for a court of competent jurisdiction to decide.
Except as otherwise provided in this Terms and Conditions, if any provision of this Terms and Conditions is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions.
Headings are for reference purposes only and do not limit the scope or extent of such Section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Terms and Conditions.
We may amend this Terms and Conditions at any time by posting the amended terms on www.Shopping.all1zed.com. Our right to amend the Terms and Conditions includes the right to modify, add to, or remove terms in the Terms and Conditions. We will provide you 30 days’ notice by posting the amended terms. Additionally, we will notify you through the All1Zed Shopping Mall Message Center and/or by email. Your continued access or use of our Services constitutes your acceptance of the amended terms. We may also ask you to acknowledge your acceptance of the Terms and Conditions through an electronic click-through. This Terms and Conditions may not otherwise be amended except through mutual agreement by you and an All1Zed Shopping Mall representative who intends to amend this Terms and Conditions and is duly authorized to agree to such an amendment.
The policies and terms posted on our Services may be changed from time to time. Changes take effect when we post them on the All1Zed Shopping Mall Service.
If you create or use an account on behalf of a business entity, you represent that you are authorized to act on behalf of such business and bind the business to this Terms and Conditions. Such account is owned and controlled by the business entity. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Terms and Conditions.
The Terms and Conditions and all terms and polices posted through our Services set forth the entire understanding and agreement between you and All1Zed Shopping Mall, and supersede all prior understandings and agreements of the parties.
The following Sections survive any termination of this Terms and Conditions: Fees, Content, Disclaimer of Warranties; Limitation of Liability; Release, Indemnity, Legal Disputes, and General.