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Terms & Conditions
By using the Miniqa Mall platform, you signify your acceptance of these general terms and conditions in their entirety.
- INTRODUCTION
Welcome to MINIQA MALL (referred to as “Miniqa Mall,” “Miniqa,” “we,” “our,” or “us”). Miniqa Mall operates an online e-commerce platform consisting of a website, (referred to as the “platform” or “Online store”). Our platform facilitates the sale and purchase of a wide range of consumer products and services (referred to as “products”) in Kenya. In this document, we present the general terms and conditions that govern your use of the Miniqa Mall platform and its associated services.
1.1. Scope of Application
These general terms and conditions apply to all users of the Miniqa Mall platform, including both buyers and sellers participating in the Online store. The terms outlined herein govern your interactions with the platform, and the usage of its services is subject to compliance with these terms.
1.2. Acceptance of Terms
By using the Miniqa Mall platforms, you signify your acceptance of these general terms and conditions in their entirety. If you do not agree with any part of these terms, you should refrain from using our platform. Your use of Miniqa Mall Services signifies your agreement to be legally bound by these terms.
1.3. Business and Organizational Use
If you are using Miniqa Mall Services in the context of a business, organization, or other projects, you confirm that you have the necessary authorization to enter into this agreement on behalf of that entity. By doing so, you are binding both yourself and the relevant entity to these general terms and conditions. In this context, the term “you” refers to both the individual user and the respective business, organization, or legal entity unless stated otherwise by the context.
1.4. Modifications and Enhancements
We retain the right to make changes, upgrades, modifications, limitations, or suspensions to our services or associated features. Any announcements regarding these changes will be communicated via appropriate channels. Additionally, we may introduce new features, applications, or services to further enhance your experience on the Miniqa Mall platform.
1.5. Geographical Scope
These terms and conditions are designed for users within Kenya:
- Miniqa Mall’s services and provisions are intended for use by users within Kenya.
Please read these general terms and conditions carefully to understand your rights and obligations when using Miniqa Mall Services. Your use of our platform indicates your agreement to be bound by these terms. If you have any questions or concerns, feel free to reach out to our customer support team for assistance.
- LAW AND JURISDICTION
2.1 Applicable Law
These general terms and conditions shall be governed by and interpreted in accordance with the laws of Kenya.
2.2 Dispute Resolution Venue
Any disputes arising from these general terms and conditions shall be subject to the exclusive authority of the courts in Kenya.
- THIRD-PARTY RIGHTS
3.1 Third-party Beneficiaries
A contract formed under these general terms and conditions benefits both us and you, and is not intended to provide benefits or be enforceable by any third party.
3.2 Exclusive Exercise of Rights
The rights exercised by the parties under a contract formed under these general terms and conditions do not require the consent of any third party.
- ASSIGNMENT
4.1 Transfer of Rights and Obligations
We reserve the right to assign, transfer, subcontract, or otherwise handle our rights and/or obligations under these general terms and conditions.
4.2 Your Assignment Restrictions
You may not assign, transfer, subcontract, or otherwise deal with any of your rights and/or obligations under these general terms and conditions without our prior written consent.
- ORDER OF PRECEDENCE
5.1 Priority Sequence
In situations of conflict between these general terms and conditions, the seller terms and conditions, and the Miniqa Mall’s codes, policies, and guidelines, the following order of precedence shall apply:
- These general terms and conditions
- Seller terms and conditions
- Miniqa Mall’s codes, policies, and guidelines
- NO WAIVER
6.1 No Further Waivers
No waiver of a breach of any provision of these general terms and conditions shall be construed as a waiver of any other breach of that same provision or any breach of any other provision of these general terms and conditions.
- SEVERABILITY
7.1 Legally Unenforceable Provisions
If a court or other competent authority determines that any provision of these general terms and conditions is unlawful or unenforceable, the remaining provisions shall remain in effect.
7.2 Partial Severability
If a provision of these general terms and conditions could be rendered lawful or enforceable if a portion of it were removed, that portion shall be considered deleted, and the remainder of the provision shall remain intact.
- VARIATION
8.1 Changes to Terms
We retain the right to amend these general terms and conditions, the seller terms and conditions, and the Miniqa Mall’s codes, policies, and guidelines periodically.
8.2 Effective Date
Revised general terms and conditions shall take effect from the date of publication on the Online store (20/08/2023).
- ACCOUNT REGISTRATION
9.1 Age Requirement
You must be at least 18 years old to register with Miniqa Mall. By using our platform or agreeing to these terms, you confirm that you meet the age requirement.
9.2 Account Creation
When registering for a Miniqa Mall account, you’ll need to provide an email address/user ID and set a password. By creating an account, you agree to the following:
9.2.1 Password Confidentiality: Safeguard your password and keep it confidential.
9.2.2 Password Disclosure: If your password is compromised, notify us immediately in writing using the contact details in section 26.
9.2.3 Activity Responsibility: You’re responsible for any activity on our platform resulting from a failure to keep your password confidential, and you acknowledge potential liability for resulting losses.
9.3 Exclusive Account Use
Your Miniqa Mall account is intended solely for your use. Transferring your account to a third party is not allowed. If you authorize a third party to manage your account, you assume any associated risks.
9.4 Account Management
We retain the right to suspend, cancel, or modify your account at our discretion, without notice. If we cancel a paid service or product you have not received and you have not breached these terms, you’ll receive a refund according to section 12.2. Additional refund details can be found in section 12.2.
9.5 Account Cancellation
To cancel your Miniqa Mall account, navigate to Account, and follow instructions. In case of any challenges, seek the assistance of our customer care through the contact details on our contact us page. Closing the account deletes remaining balances, vouchers, and order information.
- PRIVACY AND AUTHORIZATION
10.1 Confidentiality of User Information
At Miniqa Mall, we highly value your privacy. We are committed to maintaining the strict confidentiality of your information and activities on our website and application. This includes your browsing history, shopping activity, order placements, and content sharing, which may involve sensitive details like your real name, contact information, address, telephone number, and email. Unless explicitly authorized by you or as otherwise specified in this Agreement or by law, Miniqa Mall will not disclose your private information to external parties.
10.1.1 Consent for Personal Data Processing
By using our Online store, buyers explicitly agree to the processing of their personal data in compliance with the provisions outlined in Miniqa Mall’s Privacy Notice and Cookie Notice.
10.1.2 Processing of Personal Data
Miniqa is committed to safeguarding the privacy of our users. We will process all personal data collected through the Online store and related services in strict adherence to the terms and conditions detailed in our Privacy Notice and Cookie Notice, as well as our overarching Privacy Policy.
10.1.3 Seller Responsibility for Personal Data
It is essential to note that sellers shall bear direct responsibility for any potential misuse of the personal data of buyers. Miniqa Mall shall not be held liable to buyers for any misuse or unauthorized handling of their personal data by sellers.
The confidentiality and security of users’ personal information are of paramount importance to us, and we maintain stringent measures to ensure compliance with privacy laws and regulations. By utilizing our Online store, buyers and sellers acknowledge and agree to the stipulations outlined in this section and the accompanying privacy policies.
10.3 Sharing with Authorized Service Providers
In order to fulfill the aforementioned purposes, Miniqa Mall may share your telephone number and email with authorized service providers. These service providers will only contact you using autodialed or prerecorded calls, text messages, or emails as explicitly authorized by Miniqa Mall.
10.4 Right to Deletion of Private Information
You have the right to request the deletion of any of your private information. You can initiate this process by sending an email to support@Miniqamall.co.ke or by calling our help center at 0706437644. Please note that we will respond to these emails and calls during normal office hours and working days in Kenya.
10.5 Reporting Unauthorized Use
If you discover any unlawful or improper use that threatens the security of your account or the misuse of your private information, it is imperative that you promptly inform us. To enable us to take appropriate measures, please report such instances in a useful manner. In cases where Miniqa Mall needs a reasonable amount of time to implement corrective measures, understand that we are not liable for any losses you may incur unless such unauthorized or improper use results from Miniqa Mall’s negligence and we fail to rectify the situation after receiving written notice from you.
10.6 Communication and Notifications
Miniqa Mall may reach out to you via autodialed or prerecorded calls, text messages, or emails for various purposes, including but not limited to:
(i) Account-related notifications
(ii) Troubleshooting account issues
(iii) Resolution of potential disputes
(iv) Gathering your opinions through surveys or questionnaires
(v) Enforcing this Agreement, our policies, applicable laws, or other agreements with you
Additionally, if you provide consent, Miniqa Mall may contact you for marketing purposes, such as promotions and offers.
- SALE TERMS AND CONDITIONS
11.1 Acknowledgment of Online store Role
By using Miniqa Mall’s Online store, you acknowledge and agree that:
11.1.1 The platform serves as an online venue where sellers can offer products for sale and buyers can make purchases.
12.1.2 While we facilitate binding sales on behalf of sellers, it’s important to note that unless explicitly specified, Miniqa Mall is not a party to the transaction between the seller and the buyer.
11.1.3 A contract for the sale and purchase of a product will be established between the buyer and the seller. This commitment to buy or sell is triggered upon the buyer’s confirmation of the purchase via the Online store.
11.2 Incorporation of Seller’s Terms
Subject to these general terms and conditions, the seller’s terms of business will govern the sale and purchase contract between the buyer and the seller. However, the following provisions will be included in the contract:
11.2.1 The buyer shall be responsible for additional charges, such as delivery, packaging, handling, administrative, insurance costs, and other relevant fees, only if expressly stated in the product listing. Digital product delivery may occur electronically.
11.2.2 Products must meet satisfactory quality standards, be suitable and safe for their intended purposes as described in the product listing, and align with any other provided descriptions.
11.2.3 The product price will be as indicated in the relevant product listing.
11.2.4 For physical products, the seller warrants their good title, legal ownership, and the absence of third-party rights or restrictions. For digital products, the seller must possess the right to supply them to the buyer.
11.2.5 The price must encompass all taxes and adhere to prevailing laws.
11.2.6 Sellers shall provide comprehensive disclosure of product terms, warranties, and necessary usage information in the specification section on each product page.
- RETURNS AND REFUNDS
12.1 Handling Returns
The management of product returns by buyers and their acceptance by sellers will follow our guidelines detailed on the returns page of the Online store, which may be revised periodically. Returns will be subject to our discretion and compliance with applicable Kenyan laws.
12.2 Refund Policies
Refunds for returned products will be in accordance with our refund policies stated on the Online store’s refunds page, which may be updated periodically. We retain the right to exercise discretion in our refund decisions, following the applicable Kenyan laws. Refunds may include:
12.2.1 Product price refunds.
12.2.2 Local and/or international shipping fee refunds (as indicated on the refunds page).
12.2.3 Refunds may be processed through store credits, vouchers, mobile money transfers, bank transfers, or other methods determined by us.
12.3 Refunds by Miniqa Mall
Refunds for returned products will be processed by Miniqa Mall on behalf of the seller. For digital products, services, and fresh food, refunds will be issued solely in cases of delivery failures. Refunds for other reasons will adhere to the seller’s terms and conditions of sale.
12.4 Changes to Returns and Refunds Policy
Amendments to our returns or refunds policys will apply to all purchases made from the publication date of the changes on our website.
- STORE CREDIT
13.1 Earning and Managing Store Credit
The accrual and management of store credits will be subject to the Miniqa Mall Credit Terms and Conditions, which may be updated periodically. Miniqa Mall reserves the right to cancel or withdraw store credit rewards for any reason, including suspected fraud. Further details on store credit and your account can be found on our website.
- PAYMENTS
14.1 Payment Guidelines
Payments stipulated in these general terms and conditions must be made as outlined in the Payments Information and Guidelines available on the Online store.
- PROMOTIONS
15.1 Management of Promotions
Promotions and competitions hosted by Miniqa Mall, as well as those organized by other promoters, will be governed by the Promotions Terms and Conditions when applicable. Information regarding Promotions Terms and Conditions, where relevant, can be accessed on our website.
- RULES REGARDING YOUR CONTENT
16.1 Definition of Your Content
In these general terms and conditions, “your content” refers to:
16.1.1 All communications on the Online store, including product reviews, feedback, and comments.
16.1.2 All materials (including but not limited to text, graphics, images, audio, video, scripts, software, and files) submitted by you to us or our Online store for storage, publication, processing, or onward transmission.
16.2 Accuracy and Truthfulness of Content
Your content and its use by us in alignment with these general terms and conditions must be accurate, complete, and truthful.
16.3 Guidelines for Appropriate Content
Your content must be suitable, courteous, and aligned with universally accepted standards of behavior on the internet. Your content must not:
16.3.1 Depict explicit, graphic, or gratuitous violence.
16.3.2 Be offensive, indecent, obscene, lewd, pornographic, suggestive, or sexually explicit.
16.3.3 Breach religious or racial hatred or discrimination legislation.
16.3.4 Cause unnecessary annoyance, inconvenience, or anxiety to any person.
16.3.5 Be fraudulent, deceptive, threatening, abusive, harassing, anti-social, hateful, discriminatory, inflammatory, or blasphemous.
16.3.6 Constitute spam.
16.4 Legal Compliance of Your Content
Your content must not be illegal, infringe upon anyone’s legal rights, or lead to legal action under any jurisdiction or applicable law. Your content must not infringe or violate:
16.4.1 Any court orders.
16.4.2 Copyrights, moral rights, database rights, trademark rights, design rights, passing-off rights, or other intellectual property rights.
16.4.3 Any contractual obligations.
16.4.4 Rights of confidence, privacy rights, or rights under data protection laws.
16.5 No Involvement in Legal Proceedings
You must not submit any material to our Online store that is or has been the subject of legal proceedings or similar complaints.
16.6 No Unauthorized Links to Restricted Content
You must not utilize our Online store to link to websites or web pages containing content that would breach the provisions of these general terms and conditions if posted on our Online store.
16.7 Honesty in Reviews
The review function on the Online store can facilitate buyer reviews. This function shall not be misused to provide inaccurate, inauthentic, or fake reviews.
16.8 There shall be no interference with transactions.
You must not interfere with transactions by (i) initiating transactions outside the Online store; (ii) communicating to deter users from specific buyers, sellers, or items; or (iii) contacting users with the intent to collect payments.
16.9 Caution in User Interactions
Users are solely responsible for their interactions on the Online store. Exercise caution and judgment while communicating with other users. Do not share personal information, including credit card details.
16.10 Content Review and Removal
We may periodically review your content and reserve the right to remove content at our discretion for any reason.
16.11 Reporting Unlawful Content
Should you encounter unlawful content or activities on the Online store that breach these general terms and conditions, you may inform us as indicated in section 27.
- OWNERSHIP AND USE OF YOUR CONTENT
17.1 License Granted to Us
You grant us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate, and distribute your content on our Online store and across our marketing channels and existing or future media.
17.2 Sub-Licensing Rights
We have the right to sub-license the rights granted under section 17.1.
17.3 Right to Enforce
We possess the right to enforce the rights under section 17.1.
17.4 Waiver of Moral Rights
You waive all moral rights in your content to the extent permitted by applicable law, and you affirm that any remaining moral rights in your content have also been waived to the maximum extent permitted by law.
17.5 Action on Breach of Content Rules
In addition to our other rights, if you violate our content rules or if we reasonably suspect such a breach, we may edit, unpublish, or delete any or all of your content.
- USE OF THE WEBSITE
18.1 Interchangeable Terminology
In this section 18, the terms “Online store” and “website” shall be used interchangeably to refer to Miniqa Mall’s websites and upcoming mobile applications.
18.2 Access Restriction Rights
We hold the right to suspend or restrict access to our website, specific areas, or functionalities for maintenance or updates. Access restrictions must not be circumvented or bypassed.
18.3 Prohibited Actions
You must not:
18.3.1 Use our website in a manner causing damage, impairment, or insecurity to the website.
18.3.2 Hack or tamper with our website.
18.3.3 Employ our website for unethical, unlawful, fraudulent, or harmful purposes.
18.3.4 Probe, scan, or test website vulnerabilities without permission.
18.3.5 Distribute malicious software or content via our website.
18.3.6 Bypass authentication or security systems on or related to our website.
18.3.7 Overload our website resources.
18.3.8 Engage in systematic or automated data collection activities on or related to our website without our consent.
18.3.9 Decrypt or decipher communications without permission.
18.3.10 Access or interact with our website using automated means, except for search engine indexing.
18.3.11 Use data collected from our website for direct marketing activities.
18.3.12 Violate directives set in the robots.txt file.
18.3.13 Interfere with normal website use.
18.4 Material Download Restrictions
Unless expressly allowed by section 18.9 or other clauses in these general terms and conditions, you are not permitted to download any material from our website or save such material to your computer.
18.5 Material Modification
You must not edit or modify any material on our website except as expressly permitted in these general terms and conditions.
18.6 Usage Limits and Purposes
You may only use our website for your personal and business needs related to selling or purchasing products on the Online store.
18.7 Restrictions on Material Usage
Unless you hold the relevant rights in the material:
18.7.1 You must not republish material from our website, including on other websites.
18.7.2 You must not sell, rent, or sub-license material from our website.
18.7.3 Displaying material from our website publicly is prohibited.
18.7.4 Exploiting material from our website for commercial purposes is not allowed.
18.7.5 Redistribution of material from our website is prohibited.
18.8 Exceptions to Redistribution
Section 18.7’s restrictions notwithstanding, you may forward links to products on our website and redistribute our newsletters and promotional materials in print and electronic formats to anyone.
18.9 Permissible Activities
You are allowed to:
18.9.1 View pages on our website using a web browser.
18.9.2 Print pages from our website for your personal and non-commercial use, provided excessive or systematic printing is avoided.
18.9.3 Download pages from our website for browser caching.
18.9.4 Utilize our Online store services via a web browser.
18.9.5 Stream audio and video files from our website using the provided media player.
All these activities are subject to the other provisions stated in these general terms and conditions.
- COPYRIGHT AND TRADEMARKS
19.1 Ownership and Control of Intellectual Property
Subject to the explicit provisions within these general terms and conditions:
19.1.1 We, along with our licensors, possess and exercise authority over all copyright and other intellectual property rights related to our website and the materials presented on it.
19.1.2 The entirety of the copyright and other intellectual property rights related to our website and the materials available on our website are reserved.
19.2 Trademarks
Our logos, including those of Miniqa Mall, and other registered or unregistered trademarks are the property of Miniqa Mall. Unauthorized use of these trademarks is strictly prohibited, as such use might be deemed an infringement of our rights.
19.3 Third-Party Trademarks
Trademarks or service marks, whether registered or unregistered, that belong to third parties and are featured on our website remain the property of their respective owners. We neither endorse nor have any affiliation with the holders of these rights. Consequently, we are unable to grant any license or authorization to exercise such rights.12. Data Privacy
- DUE DILIGENCE AND AUDIT RIGHTS
20.1 Anti-Fraud and Anti-Money Laundering Compliance
We maintain a robust anti-fraud and anti-money laundering compliance program. As part of this program, we retain the right to conduct due diligence checks on all users of the Online store.
20.2 Information, Documentation, and Access Obligations
You hereby agree to provide us with all necessary information, documentation, and access to your business premises as we may require for the following purposes:
20.2.1 To verify your adherence to and performance of your obligations under these terms and conditions.
20.2.2 To facilitate disclosures as mandated by a valid order issued by a court or any other governmental body.
20.2.3 To meet legal obligations or regulatory requirements.
We may request such information, documentation, and access on an as-needed basis, and you are obligated to comply promptly and fully with such requests. This is essential for ensuring the integrity, legality, and security of our Online store and its users.
Please note that failure to provide the requested information, documentation, or access may result in the suspension or termination of your access to the Online store, as well as any legal remedies that may be available to us.
By using our Online store, you acknowledge and consent to these due diligence and audit rights as outlined in this section.
- MINIQA’S ROLE AS AN ONLINE STORE
21.1 Facilitating the Online store
By utilizing our platform, you acknowledge and agree to the following:
Miniqa Mall functions as a facilitator, connecting buyers with third-party sellers, and occasionally acting as a seller itself.
The seller, whether Miniqa Mall or a third-party, bears exclusive responsibility for the products offered on the Online store.
Should any issues arise from a product purchase, buyers should seek resolution from the relevant seller using the dispute resolution process outlined in Miniqa’s Dispute Resolution Policy.
21.2 Accuracy and Completeness of Information
We are committed to maintaining the accuracy and completeness of product information on the Online store. In this context:
Sellers affirm the accuracy and completeness of the product information they provide on the platform.
Sellers also ensure that the material they publish on the Online store remains current.
In cases where a buyer questions the accuracy or completeness of product information received from a seller (including Miniqa), the buyer can initiate recourse through the Dispute Resolution Policy.
21.3 Online store Operation and Force Majeure
Please be aware:
We do not provide a guarantee of flawless Online store operation or continuous availability of services.
Events beyond our control, such as force majeure occurrences (natural disasters, technological attacks, epidemics or pandemics, civil disturbances, and events impacting the territory’s overall political and macro-economic stability), may affect the availability of the Online store.
21.4 Modifications or Termination of Services
We retain the right to modify, discontinue, or alter any aspect of the Online store services at our discretion without prior notice or explanation. Compensation will not be provided for such changes, except in cases involving unfulfilled orders or existing Miniqa liabilities.
21.5 Advance Notice for Changes or Termination
In the event of planned changes or termination of services, we will provide buyers and sellers with a minimum of fifteen (15) days’ notice. This notice will include detailed guidance on handling pending transactions and other Miniqa-related obligations.
21.6 Commercial Outcomes
It’s important to note that specific commercial outcomes resulting from the use of the Online store cannot be guaranteed.
21.7 Disclaimers
To the fullest extent allowed by applicable law and subject to section 23.1 below, we exclude all representations and warranties pertaining to the subject matter of these general terms and conditions, our Online store, and the utilization of our Online store.
- TRANSACTIONS BETWEEN USERS AND SELLERS
22.1 Caution and Verification
When making purchases on the Miniqa Mall website and/or application, users should exercise caution when confirming details such as the name of purchased goods, price, quantity, type, specification, size, and more. It’s essential to verify purchase information, including quantity, price, payment, consignee, contact details, shipping address, etc. Users are responsible for providing accurate, legitimate, complete, and truthful registration information. Failure to do so may lead to corresponding responsibility and consequences. Miniqa reserves the right to terminate a user’s access to Miniqa Services if registration information is found to be illegitimate, untrue, inaccurate, or incomplete.
22.2 Order Information and Contracts
The order information generated is based on user order details and automatically generated data. A contract becomes effective only after successful payment of the order. Purchases of physical items from Miniqa Mall’s website and applications are conducted through a sales contract between the user and the seller, as well as a shipment contract between the user and the carrier. This implies that the risk of loss and title for such items is transferred according to the terms of the sales and shipment contracts. Miniqa Mall may provide seller information upon request and as necessary.
22.3 Delivery and Risk Transfer
Upon the order taking effect, the risk associated with the delivery of goods shifts to the seller or the third-party logistics carrier. The seller will either deliver the goods to the logistics provider or the logistics provider will ship the goods to your specified address. While the Miniqa Mall website and application offer estimated delivery times for reference, actual delivery times may vary slightly from the reference. In cases where an order is lost or damaged during transit, you will receive an appropriate refund. For orders that are not successfully delivered, Miniqa Mall Logistics will retain them for 30 days. If these orders remain unclaimed beyond the 30-day period, Miniqa Mall reserves the right to handle their disposition. Understand that delays in delivery due to force majeure or other justified reasons are possible, and your understanding is appreciated.
- LIMITATIONS AND EXCLUSIONS OF LIABILITY
23.1 Compliance with Applicable Law
Nothing within these general terms and conditions shall:
23.1.1 Impose limitations on liabilities in any manner that contradicts the restrictions set by applicable law; or
23.1.2 Exclude any liabilities or statutory rights that are safeguarded under applicable law.
23.2 Scope of Limitations and Exclusions
The constraints and exclusions of liability outlined in this section 23 and elsewhere in these general terms and conditions:
23.2.1 Are subject to section 23.1; and
23.2.2 Govern all liabilities that emerge under these general terms and conditions or are associated with the subject matter of these general terms and conditions. This encompasses liabilities arising from contracts, tort (including negligence), and breaches of statutory duty, except when otherwise explicitly stated in these general terms and conditions.
23.3 Free Services Disclaimer
For services provided to you free of charge, we shall not be held liable for any nature of loss or damage.
23.4 Limitation of Liability
Our collective liability to you concerning any service contract under these general terms and conditions shall not surpass the total amount paid or payable to us under the said contract. Each distinct transaction on the Online store shall establish an individual contract for the purposes of this section 23.4.
23.5 Specific Limitations of Liability
Notwithstanding section 23.4 above, we shall not be held liable to you for any loss or damage, including but not limited to:
23.5.1 Losses resulting from website interruptions or malfunctions;
23.5.2 Losses arising from events beyond our reasonable control;
23.5.3 Business losses, encompassing loss of profits, income, revenue, usage, production, expected savings, business opportunities, contracts, commercial potential, or goodwill;
23.5.4 Loss or corruption of data, databases, or software;
23.5.5 Special, indirect, or consequential loss or damage.
23.6 Limited Personal Liability
We recognize the significance of limiting personal liability for our officers and employees. Consequently, you acknowledge our status as a limited liability entity and agree not to file personal claims against our officers or employees in connection with any losses experienced due to the Online store or these general terms and conditions. This, however, shall not restrict or exclude the liability of our limited liability entity itself for the actions and omissions of our officers and employees.
23.7 Third-Party Websites
Our Online store features hyperlinks to third-party websites operated and owned by external entities. These hyperlinks do not constitute recommendations. We lack control over third-party websites and their content, and thus we bear no responsibility for them or any loss or damage that might arise from your utilization of these sites.
- INDEMNIFICATION
24.1 Responsibility and Compensation
By agreeing to these terms and conditions, you agree to indemnify and hold us harmless from:
24.1.1 All losses, damages, costs, liabilities, and expenses (including legal fees and amounts paid to third parties in settlement of disputes) that arise directly or indirectly from your use of our Online store or any violation by you of these general terms and conditions, or any Miniqa Mall’s codes, policies, or guidelines; and
24.1.2 Any VAT or tax liability incurred by us related to any sale, supply, or purchase through our Online store, if such liability arises from your failure to appropriately pay, withhold, declare, or register VAT or other taxes in any jurisdiction.
- BREACHES OF THESE TERMS AND CONDITIONS
25.1 Account Registration
If we allow the registration of an account on our Online store, it will remain active indefinitely, subject to these general terms and conditions.
25.2 Remedies for Breach
In the event of a breach of these general terms and conditions or reasonable suspicion of such breach, we reserve the right to:
25.2.1 Temporarily suspend your access to our Online store;
25.2.2 Permanently bar you from accessing our Online store;
25.2.3 Block access to our Online store from computers using your IP address;
25.2.4 Engage your internet service providers to block your access to our Online store;
25.2.5 Suspend or terminate your account on our Online store; and/or
25.2.6 Initiate legal proceedings against you for breach of contract or any other relevant legal action.
25.3 Evasion of Suspension or Prohibition
Should your access to our Online store be suspended, prohibited, or blocked, you must refrain from attempting to circumvent such suspension, prohibition, or blocking, including creating and/or using an alternative account.
- ENTIRE AGREEMENT
26.1 Comprehensive Understanding
These general terms and conditions, along with the Miniqa Mall’s codes, policies, and guidelines (and, in the case of sellers, the seller terms and conditions), constitute the entire agreement between you and us regarding your use of our Online store. This supersedes all prior agreements between you and us in relation to the use of our Online store.
- CONTACT DETAILS AND COMMUNICATION
27.1 Communication with Us
For correspondence purposes, you can reach us using the contact details specified in our Contact us Page.
27.2 Electronic Notices
You consent to receive electronic notices from us. We may provide all communications and information related to your use of the Online store electronically, either by posting on our website or application or by sending an email to the address linked to your account. These communications will be treated as written notices and deemed to have been properly received by you.
