Soc.Io Mall Terms and Conditions
By registering for an account you agree to the following:
The website available at www.mall.soc.io and dev.soc.io (the "Websites" and Soc.io Mall Android Client provide our users with a facility whereby you can view, review, download and buy apps, e-books, videos and/or music to install on your mobile device (collectively referred to as "CONTENT").from the facility provided by and accessible from - Websites and Soc.io Mall Android Client(hereinafter "the SOC.IO MALL" or "MALL" or "SITE").
In these Terms and Conditions, all references to "our", "us", "we" and any similar expression shall refer to GIGA MARKET LTD., a company incorporated in Malta and having company number C 52202. All references to "your", "you" and any similar expression shall refer to our registered members.
The following Terms and Conditions are a legal agreement between you as an USER and GIGA MARKET LTD and outline your obligations when accessing and using our websites, web pages, content, databases, information, feeds and Android Client when registering with us and furthermore when accessing, downloading and acquiring the CONTENT on the SOC.IO MALL (hereinafter "the TERMS").
MOBILE DEVICE - For the purposes of these Terms and Conditions a MOBILE DEVICE shall be defined as a handheld digital device or a computing device, typically having a display screen with touch input and/or a miniature keyboard or a touch-screen interface. Under the term MOBILE DEVICE we mean mobile computers, tablet computers, mobile phones, Personal Digital Assistants, Smart Phones, Feature Phones and all other similar devices that can support our CONTENT.
For the avoidance of doubt, we provide you with access to two types of CONTENT, (a) those which are developed by us and (b) those which are developed by third parties but which authorize us to distribute them either free of charge or in return for payment.
SOC.IO MALL is a platform for distribution of the CONTENT. We do not own the CONTENT made by third parties, but we provide a place where third parties can offer it to our users. We are licensed by third parties to either sell the license the CONTENT if it is chargeable or distribute the license of the CONETNT if it is free of charge in the name and on behalf of those third parties.
1.ACCEPTANCE OF TERMS AND CONDITIONS
1.1. The Website and subject to the provisions of these Terms, the Content is owned and operated by us and they are accessed and used by you under the Terms detailed below.
1.2. IT IS YOUR SOLE RESPONSIBILITY TO READ CAREFULLY AND ACCEPT THESE TERMS AND CONDITIONS BEFORE YOU ACCESS OUR MALL.
1.4. IF YOU DO NOT AGREE TO ALL THE TERMS, THEN YOU MAY NOT ACCESS THE WEBSITE OR USE ANY PART OF THE WEBSITE OR ANY CONTENT OR SERVICES ON THE WEBSITE AND YOU SHOULD IMMEDIATELY DISCONTINUE YOUR ACTIVITIES ON THE WEBSITE, SHOULD YOU AT ANY TIME IN THE FUTURE NOT ACCEPT SUCH TERMS.
1.5. OUR ACCEPTANCE OF YOUR REGISTRATION AND/OR OF YOU USING OUR SITE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THESE TERMS AND CONDITIONS.
2.MODIFICATION OF TERMS AND CONDITIONS
2.1. We reserve the right, at our sole discretion, to modify or replace the Terms at any time without prior notification. If the alterations constitute a significant change to the Terms we will take appropriate steps to bring such changes to your attention (such as by placing a notice of such change on a prominent position on the Website, together with the changed Terms and Conditions). What constitutes a "significant change" will be determined at our sole discretion, in good faith and using common sense and reasonable judgment.
2.3. Your use of our SITE and/or our MALL and any orders placed or transactions of any kind:
2.3.1. occurring prior to the time of amendment and notification of the changed Terms will be subject to the pre-existing Terms
2.3.2. occuring after the time of amendment and notification of the changed Terms will be subject to the changed Terms.
3.1. In order for you to be able to start using and accessing our MALL, you shall first register with us (hereinafter referred to as your "SOC.IO MALL Registration"). A user who has completed and is in possession of an active SOC.IO MALL Registration is refered to as a "USER".
3.2. Registration will be conducted using secure server encryption
3.3. In order to register and be considered as a USER, you have to
3.3.1. You must be 13 years of age or older if you want to use SOC.IO MALL. If you are between 13 and 18 years of age, you must have your parent or legal guardian's permission to use SOC.IO MALL. On using the service you warrant that you have legal capacity to enter into the agreement.
3.3.2. Provide all the information in the registration page. You agree to provide us with true, accurate, complete and updated registration information, including without limitation your date of birth and your country of residence. Failure to do so shall constitute a breach of the Terms, which may result in immediate termination of your SOC.IO MALL Registration. You further agree to inform of any changes by updating your SOC.IO MALL Registration data via the "Profile" page which is accessible at http://mall.soc.io/Profile
3.3.3. Provide us with the details of one of the payment methods which are acceptable at any moment in time. The methods currently available are identified in our Billing Information page available at: http://mall.soc.io/Profile. You understand and accept that we will request payment from such payment service provider every time you will choose to download any CONTENT which is not a free CONTENT. We will verify that the card provided is functional by charging an amount which you will have to verify and confirm. This amount will be refunded.
3.3.4. CONFIRM THAT YOU CAN ENTER INTO A LEGALLY BINDING AGREEMENT WITH US AND YOU ARE THE PERSON WHOSE DETAILS ARE PROVIDED IN CONNECTION WITH YOUR SOC.IO MALL REGISTRATION.
3.4. We reseve the right to verify your identity, age and place of residence before accepting you as a USER or if we suspect that you have breached these Terms and Conditions. Furthermore, in case and solely if we suspect or there are indicators that you have breached these Terms and Conditions and/or breached any regulation that affect SOC.IO MALL you are aware and grant us the right to us to request clear and legible photocopy of your identity card and/or passport and/or any other official personal identification document which we deem fit in order to ascertain and verify your identity, age and place of residence.
When we request documentation from you we direct you to send such documentation to our address listed on the "Contact" page which is accessible at http://www.mall.soc.io/contact.jsp . If you wish to send us such documents at your own free will you may do so by emailing them to that address. Where for any reason you refuse or are unable to provide us with any of the requested documents, we reserve the right in our sole, absolute discretion to freeze your Account or to terminate it immediately.
3.5. On registration you will be required to select a password and a username for use of the MALL. You may not:
(i) select or use as a username a name of another person with the intent to impersonate that person;
(ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or
(iii) use as a username a name that is otherwise offensive or obscene. We reserve the right to refuse registration of, or to cancel a username in our discretion.
3.6. We DO NOT KNOW YOUR PASSWORD, you provide it for yourself. You shall be solely responsible at all times for maintaining and protecting the confidentiality of your password and username and you are responsible for any misuse thereof. Provided that we have been correctly supplied with the registration information requested, we are entitled to assume that any transactions carried out under your login details are made by you. You should change your password on a regular basis and never disclose it to any third party.
3.7. You can find the link to change your password on the "Change Password" page which is accessible at http://www.mall.soc.io/Profile. Passwords should ideally contain a mixture of upper and lower case letters and numbers and/or other permitted symbols. Passwords are case sensitive and we recommend the use of passwords that include a non obvious combination of letters, numbers, and other permitted symbols. This will help prevent the risk of unauthorised use of your login details. You undertake to protect your username and password in the same way as you would in respect of your bank cards and any failure to do so shall be at your sole risk and expense.
3.9. In the event that another person uses your login details, you accept full responsibility for all their actions whether or not their access was authorized by you and for this purpose you hereby indemnify us and hold us harmless against all costs, claims, expenses and damages howsoever arising in connection with the use of or access to your login details by any third party.
3.10. You agree to inform us at once by electronic mail if you believe that your login details are being misused by a third party so that we may suspend your username and password.
3.11. You will inform us as soon as you become aware of any errors with respect to your Registration or any orders you place. We reserve the right to declare null and void any orders or transactions which are the subject of such an error.
3.12. We reserve the right to refuse to accept and terminate your registration with us in our sole discretion.
3.13. Accessing our MALL may be partly or totally restricted or prohibited in any jurisdiction. If this is the case, you are not authorised to register at our Website and we have sole discretion not to accept registrations from persons resident in any jurisdiction we feel could jeopardise our position and integrity. You agree it is your responsibility to verify that you are permitted to participate in any jurisdiction in which you are located. We accept no responsibility for participation from residents in juridictions where it is illegal.
3.14. Registering in our site by providing false information particularly but not limited to listing a country which is not the country from where you are registering and/or using the service habitually is considered as fraud and you will be liable for damages.
3.15. We reserve the right, at all times, to transfer and/or license, without prior notice, right, liability and/or operation of the SOC.IO MALL to another legal entity, subject to us guaranteeing the fulfilment of the transferred liability. You are hereby agreeing and consenting that we will transfer any personal data processed by the transferee, should this happen.
3.17. If no activity has been recorded under your account for more than six months we reserve the right to terminate your Account, and no claim shall lie against us for terminating your Account as afore said.
3.18. You accept and agree that the country that you shall select in the process of registration shall be considered as your resident country and we will count that country in our payment processes/methods when you use the services we offer or have cooperation with SOC.IO MALL.
4.THE SOC.IO MALL
4.1. A USER shall be given access to the SOC.IO MALL. We will provide USERS with the possibility to access, review and download CONTENT on their mobile devices.
4.2. For the avoidance of doubt, we provide you with access to two (2) types of CONTENT:
4.2.1. those which are developed by us ("the SOC.IO MALL CONTENT")
4.2.2. those which are developed by third parties (“THIRD PARTIES”) but which authorize us to distribute them on their behalf, either free of charge or in return for payment (“the THIRD PARTY CONTENT”)
4.3. There are two (2) ways to download and install CONTENT:
4.3.1. By accessing our SOC.IO MALL from your personal computer and manually installing the CONTENT on your mobile device after downloading the CONTENT on your personal computer, referring only to free CONTENT;
4.3.2. By installing our proprietary software on your mobile device (SOC.IO MALL) and accessing our SOC.IO MALL from your MOBILE DEVICE and installing the CONTENT directly on such DEVICE; referring to both free and commercial CONTENT.
4.4. USERS are to check whether the CONTENT is compatible with their device before consenting to acquire and download the CONTENT.
4.5. For the CONTENT subject to payment, the transaction will be deemed to have been completed once you have clicked on the “Confirm” button and payment is received. We will acknowledge your order by sending an email to the contact details indicated whilst registering. You understand and acknowledge that you are acquiring a digital Product for instant consumption and neither will we offer any refund nor will the cooling off period apply.
4.6. The CONTENT may be free of charge or subject to payment. In the event that they are subject to payment, you are not able to download them unless and until you have sufficient funds in the payment method you provided in the registration process or as otherwise provided in due course. If you can duly document a legislation that your registered residence jurisdiction provisions a mandatory return policy required for licensed software transactions please contact us on email@example.com so we can take appropriate measures.
4.7. We shall do all in our efforts to provide you with SOC.IO MALL CONTENT and a THIRD PARTY CONTENT with full functionalities. In case you have any issues with the CONTENT functionalities in order for us to help you exercise your rights for the SOC.IO MALL CONTENT as well as THIRD PARTY CONTENT issues you need to duly notify us if the CONTENT is not functional so we can take further measures for solving the issue you have.
4.8. SOC.IO MALL upon your report for problems regarding CONTENT functionality shall take all reasonable measures to resolve the issue. If you report to us any issue for Product functionality we shall in due time forward your report to the owner of the Product. You shall also have contact details of the Product owner in the process of purchase or download of the Product and you are free to contact him/her directly for any functionality issues of the CONTENT.
4.9. Subject to full compliance with the Terms, we may provide you with access to any materials, including but not limited to text, messages, user comments, information, data, graphics, news articles, photographs, images, illustrations, software, audio clips, video clips, charts, emails, and RSS feeds. They may be displayed, transmitted or performed on the Website and/or the MALL (including micro-sites, widgets, plug-ins and as part of any runner data and/or results service), emails or any other means of communication.
4.10. We may change, suspend or discontinue any CONTENT for any reason, at any time, including the availability of any feature or other material. We may also impose limits on certain features or restrict your access to parts or all of the CONTENT without notice or liability.
4.11. The CONTENT is supplied "AS IS". Use of such information is entirely at your own risk. To the fullest extent permitted by law, we make no representations or warranties of any kind, including but not limited to, the accuracy, quality or completeness of the CONTENT.
4.12. We shall not be liable for any action taken by you as a result of your relying on any CONTENT or for any loss or damage suffered by you as a result of you using such CONTENT.
4.13. We may also provide you with links to third party websites or resources which may include information. Because we do not have control over such websites and resources, you acknowledge and agree that you use such external websites or resources at your own risk and we are not responsible for the availability of such external websites or resources, and we do not endorse and are not responsible or liable for any content, material, advertising, products, services or other materials on or available from such websites or resources that our Website or CONTENT have a link to and neither are we responsible for your use thereof. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss however caused or alleged to be caused by or in connection with use of or reliance on any such material, advertising, products, services or other materials on or available from such websites or resources that our Website or CONTENT have a link to..
5.CONDUCT & COMMENTS
5.1. We will give you the opportunity to comment and review CONTENT by leaving comments on the MALL pages.
5.2. You agree to comply with all applicable laws regarding online conduct and acceptable content. Similarly you will follow any directive issued by us.
5.3. You warrant not to access and use the Website, the SOC.IO MALL or any part thereof, including but not limited to the means to communicate with other USERS or post content, for any purpose that is unlawful or prohibited by these Terms and Conditions or for any other purpose not reasonably intended by us. By way of an example, and not as an exhaustive list, you agree not to access or use the Website or any part thereof:
5.3.1. to abuse, harass, impersonate, intimidate or threaten other USERS;
5.3.2. to post or transmit, or cause to be posted or transmitted, any material that is or that potentially can be infringing, libelous, defamatory, inflammatory, abusive, offensive, obscene, pornographic or otherwise violates any law or right of any third party;
5.3.3. for any illegal or unauthorized purpose;
5.3.4. to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other USER;
5.3.5. to create or submit unwanted email ("Spam") to any other user;
5.3.6. to violate any laws in your jurisdiction;
5.3.7. to submit comments linking to affiliate programs, multi-level marketing schemes, sites repurposing existing stories or off-topic content;
5.4. Additionally, you agree that you will not:
5.4.1. take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure;
5.4.2. interfere or attempt to interfere with the proper working of the MALL or any activities conducted on the MALL; or
5.4.3. bypass any measures we may use to prevent or restrict access to the Website or the MALL;
5.4.4. advertise to, or solicit, any user to buy or sell any products or services. It is also a violation of these rules to use any information obtained from the Website in order to advertise to, solicit, or sell to any user without their prior explicit consent;
5.4.5. sell or otherwise transfer your profile;
5.4.6. act on behalf of another person or third party;
5.4.7. validate your account, through a credit card which you are not authorized to use,
5.4.8. to use in any manner whatsoever your Registration or that of third parties for any illegal or unauthorised purpose;
5.4.9. to hack, make unauthorised alterations or introduce any kind of malicious code to the Website by any means. Unless given prior approval by us, you will not:
188.8.131.52.1. reverse engineer or decompile (whether in whole or part) any software available through the Website;
184.108.40.206.2. make copies, modify, reproduce, transmit, alter or distribute all or any part of the Website or any material or information contained on it except where this is explicitely permitted;
5.5. You undertake to use our Website for legitimate purposes only. In particular you undertake not to:
5.5.1. engage in any activity, which has the purpose or effect of causing damage to or in any way hindering us or generating or increasing a liability on us, including without limitation any tax, levy or to any duty collecting authority; or
5.5.2. buy or sell on, or manipulate, any CONTENT in a manner which we believe has the purpose or effect of adversely affecting the integrity of the MALL.
5.6. You will not disguise or interfere in any way with the IP address of the computer you are using to access our Website or otherwise take steps to prevent us from correctly identifying the actual IP address of the computer you are using whilst accessing or playing at our Website.
5.7. By posting any content on the SITE or the MALL you provide us with a perpetual license to use such content, how and where we deem fit and necessary.
5.8. We may in our sole and absolute discretion at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to the above), freeze your Registration or terminate it immediately. You shall also be liable towards us for damages and costs incurred as a result of the fraud.
6. MATTERS BEYOND OUR REASONABLE CONTROL
6.1. We are not liable for any loss or damage that you may suffer because of any: act of God; power cut; trade or labour dispute, act, failure or omission of any government or authority; obstruction or failure of telecommunication services; or any other delay or failure caused by a third party. In such an event, we reserve the right to cancel or suspend the Website without incurring any liability.
6.2. We are not liable for the failure of any equipment or software howsoever caused, wherever located or administered, or whether under our direct control or not, that may prevent the operation of our Website and MALL, impede the placing or administration of orders, or delivery of software or prevent you from being able to contact us.
6.3. We are not liable for the processing of any offers for order where (a) we do not receive the necessary communication, (b) we are unable to display any such order or (c) if, for any reason, we fail to process any instruction in good time.
7. ERRORS AND OMISSIONS
7.1. We are not responsible for printing errors that may occur on our Website and Content.
8. PRIVACY AND INDEMNITY
8.1. For security reasons and unless otherwise stated your personal data will not be passed on to third parties in any form whatsoever, unless you give us permission to do so. We naturally fulfil the valid legal regulations for the collection and processing of personal information.
8.2. User agrees his/hers personal data to be collected, retained, used and/or processed by Payment Gateway only for the purpose of closure of payment according to and compliant with respective Data Protection Laws.
8.3. You will indemnify and hold us as well as our operators and employees harmless from any liability, damage or cost from any claims, loss or demand made by any third party due to or arising out of your access to the Website, use of Website, violation of the Terms and Conditions by you, or the infringement by you, or any third party using your login details, of any intellectual property or other right of any person or entity.
8.4. You acknowledge that we may, if any law, regulation or authority requires us to do so, hold information with respect to your identity, including but not limited to identification documents. You agree to hold us harmless against any falsehood or inaccuracy contained in the information you provide us.
8.6. You agree to indemnify us and hold us harmless in respect of the release of any personal (or other) data pursuant to these Terms and Conditions.
9. INTELLECTUAL PROPERTY RIGHTS
9.1. The MALL and any logo are protected by law. Reproduction, transfer, distribution or storage of part or all of the contents in any form without our prior written permission is prohibited except in accordance with the following permission. We consent to you storing on your computer or printing copies of extracts from these pages for your personal use only. Individual documents in our Website may be subject to additional terms indicated in those documents.
9.2. You acknowledge that the software and all material which may be visually and/or audibly presented to you in your use of the Website (which for the avoidance of doubt includes the SOC.IO MALL CONTENT is either our intellectual property (including, but not limited to, copyright, domain name rights and trademarks) or of our licensor and in this regard you acknowledge that you have no rights whatsoever to use or lay claim to any intellectual property belonging to us and/or THIRD PARTY owners of the CONTENT.
9.3. www.mall.soc.io is our uniform resource locator ("URL") and no unauthorised use may be made of this URL (or any other URL owned by us) on another website or digital platform without our prior written consent.
9.4. By clicking on the "Download" and/or "Confirm" button on the SOC.IO MALL you are agreeing that:
9.4.1. The transaction is deemed to have been finalised for chargeable CONTENT;
9.4.2. You are merely obtaining a limited, non-exclusive, non-transferable license to use the product in accordance with the terms herein indicated
220.127.116.11. You shall not rent, lease, lend, sell, redistribute, or sublicense the
CONTENT. You shall not to copy, decompile, reverse-engineer or modify the CONTENT or any part thereof. If you do so, we will reserve the right to take legal actions and seek damages.
9.4.3. If any upgrades, modifications or bug-fixing are issued for the CONTENT you downloaded, the conditions indicated here afore will apply unless such upgrade is accompanied by a separate license in which case the new license shall apply in total.
9.4.4. The use of the CONTENT is solely for personal, non-commercial use. Accordingly you may not assign or sub-license the CONTENT for any reason whatsoever.
10. WARRANTY DISCLAIMERS - MALL AND WEBSITE
10.1. You acknowledge that we have no control over, and no duty to take any action regarding:
10.1.1. which users gain access to or use of the Website;
10.1.2. what effects the Content may have on you;
10.1.3. how you may interpret or use the Content; or
10.1.4. what actions you may take as a result of having been exposed to the Content.
10.2. You release us from all liability for you having acquired or not acquired Content through the Website. The Website may contain, or direct you to websites or resources containing information, including information that some people may find offensive or inappropriate and we shall not be responsible or liable for anything relating to and/or connected with such websites or resources. We make no representations concerning any Content contained in or accessed through the Website, and we will not be responsible or liable for the accuracy, any errors or omissions, timeliness, copyright compliance, legality or decency of the Content contained in or accessed through the Website. We do not endorse the views, opinions and recommendations stated in any or part of the Content on the Website but we may just provide the means for Members to be able to trade.
10.3. You understand and agree that your use of the Website is at your sole risk. THE WEBSITE AND ITS CONTENT ARE PROVIDED ON AN "AS IS" BASIS. EXCEPT AS REQUIRED BY APPLICABLE LAW, NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION ANY WARRANTY AS TO MERCHANTABILITY, FITNESS FOR PURPOSE OR UNINTERRUPTED FUNCTIONALITY, IS MADE IN RELATION TO THE ACCURACY, RELIABILITY OR CONTENT OF THE WEBSITE.
11. WARRANTY DISCLAIMER - CONTENT
11.1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE CONTENT and THIRD PARTY CONTENT ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WE (INCLUDING THIRD PARTIES) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE CONTENT, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. LICENSOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED CONTENT, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY THE LICENSED CONTENT WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED CONTENT OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED CONTENT OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED CONTENT OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
12. LIMITATION OF LIABILITY
12.1. NEITHER WE NOR ANY OF OUR AFFILIATES, SUBCIDIARIES, AGENTS AND/OR EMPLOYEES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR RESULTING FROM THE USE OR THE INABILITY TO USE THE WEBSITE, INCLUDING BUT NOT LIMITED TO SOFTWARE DOWNLOADED OR THE INABILITY TO DOWNLOAD CONTENT.
12.2. WE RESERVE THE RIGHT TO REVISE THE WEBSITE AND THE CONTENT OR WITHDRAW ACCESS TO THEM AT ANY TIME.
12.3. We shall not be liable for anything arising out of you accessing, downloading or using any THIRD PARTY CONTENT.
12.4. We shall not be liable for computer malfunctions, failure of any communication service or connectivity nor attempts by you to participate in our site by methods, means or ways not intended by us.
12.5. Although we shall take all reasonable measures to ensure that the CONTENT are free from computer viruses or any errors we cannot and do not guarantee that the CONTENT and files are free of such problems.
12.6. We may temporarily suspend the whole or any part of the Website or CONTENT for any reason at our sole discretion. We may, but shall not be obliged to, give you as much notice as is reasonably practical. We will restore the Website, as soon as is reasonably practicable, after temporary suspension.
13.1. We may terminate or suspend your Registration and/or your access to and use of the Website and/or the MALL, or any portion thereof immediately, in its sole discretion and without cause or prior notice or liability, if you breach any of these Terms.
13.2. Upon termination of your ACCOUNT, your right to use the Website will immediately cease and any license provided will be rescinded. If you wish to terminate your Registration, you may simply discontinue using the Website or delete your account by clicking on the appropriate link in the "Profile" page. All provisions of the Terms and Conditions which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
14. APPLICABLE LAW/DISPUTE RESOLUTION
14.1. In the event of a dispute arising between us and you, we will attempt to reach an agreed resolution.
14.2. Should we not be able to reach an agreement with you or if you are not satisfied with the resolution of any such dispute you have the option to take the dispute to the Arbitration Centre in Malta.
14.3. You irrevocably agree that the Arbitration Centre in Malta shall have exclusive jurisdiction to hear and determine any dispute that might arise about the use of http://mall.soc.io or your relationship with us. Use of http://mall.soc.io and this Terms and Conditions shall be subject to the laws of Malta.
15.1. In the event that any provision of these Terms and Conditions is deemed by any competent authority to be unenforceable or invalid, the relevant provision shall be modified to allow it to be enforced in line with the intention of the original text to the fullest extent permitted by applicable law. The validity and enforceability of the remaining provisions of these Terms and Conditions shall not be affected.
16.1. These Terms and Conditions constitute the entire agreement between you and us with regards to your use of the Website from which you accessed these Terms and Conditions and each party confirms that it has not been induced to enter into these Terms and Conditions in reliance upon, nor has it been given, any warranty (including in particular any warranty as to merchantability, fitness for purpose or uninterrupted functionality), representation, statement, assurance, covenant, agreement, undertaking, indemnity or commitment of any nature whatsoever other than as are expressly set out in these Terms and Conditions and, to the extent that it has been, it unconditionally and irrevocably waives any claims, rights or remedies which it might otherwise have had in relation thereto. These Terms and Conditions supersede all previous and contemporaneous oral and written communications between you and us regarding your use of the Website from which you accessed these Terms and Conditions.
16.2. No failure or delay by a party to exercise any of its rights under these Terms and Conditions shall operate as a waiver thereof and no single or partial exercise of any such right shall prevent any other or further exercise of that or any other right.
16.3. Where these Terms and Conditions are prepared in various languages other than the English Language this shall be for reference only. In the event of there being any discrepancies between the English Language version of these Terms and Conditions and any other language version, the English language version shall prevail.
16.4. Any rights not expressly granted herein are reserved.
16.5. You are responsible for understanding the contents and operation of the Website. We reserve the right to change the format of the Website in order to enhance it and we reserve the right to record communications to us and to monitor all information relating to trading on Members’ registration for which purposes you consent.
16.7. For any help or for further information you can contact us at firstname.lastname@example.org or use our contact form.