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Terms of Use
KMALL / 2014-05-30

PLEASE READ THE TERMS OF USE CAREFULLY BEFORE USING OR REGISTERING ON THE WEBSITE OR ACCESSING ANY MATERIAL, INFORMATION OR SERVICES THROUGH THE WEBSITE. YOUR USE OF THE WEBSITE OR THE SERVICES PROVIDED BY THE WEBSITE SHALL SIGNIFY YOUR ACCEPTANCE OF THE TERMS OF USE AND YOUR AGREEMENT TO BE LEGALLY BOUND BY THE SAME.

YOUR USE OF THE WEBSITE IMPLIES THAT YOU AGREE WITH THE TERMS OF USE.




1.

General






1.1

www.KMALL360.com ("Website") is an Internet based portal owned and operated by KMALL360, a company incorporated under the laws of Hong Kong, with its registered office at No. 10, Apliu Street, Sham Shui Po, Hong Kong. Use of the Website is offered to You conditioned on acceptance of all the terms, conditions and notices contained in these Terms, along with any amendments made by KMALL360 at its sole discretion and posted on the Website, including by way of imposing an additional charge for access to or use of a Service.


1.2

KMALL360 shall not be required to notify You, whether as a registered user or not, of any changes made to the Terms of Use. The revised Terms of Use shall be made available on the Website. Your use of the Website and the Services is subject to the most current version of the Terms of Use made available on the Website at the time of such use. You are requested to regularly visit the home page www.KMALL360.com to view the most current Terms of Use. You can determine when KMALL360 last modified the Terms of Use by referring to the "Last Updated" legend above. It shall be Your responsibility to check these Terms of Use periodically for changes. KMALL360 may require You to provide Your consent to the updated Terms of Use in a specified manner before prior to any further use of the Website and the Services is provided on the Website. If no such separate consent is sought, Your continued use of the Website, following changes to the Terms of Use, will constitute Your acceptance of those changes.


1.3

By (i) using this Website or any facility or Service provided by this Website in any way; or (ii) merely browsing the Website, You agree that You have read, understood and agreed to be bound by these Terms of Use and the Website's Privacy Policy available at the homepage, www.KMALL360.com.


1.4

KMALL360 agrees to deliver the merchandise ordered by you only at such locations as per the Order Confirmation Form. KMALL360 shall not be liable to deliver any merchandize or Services purchased by Users for delivery in locations outside Hong Kong shall not be entertained.





2.

Services






2.1

The Website is a platform that facilitates the online sale and purchase of branded merchandise and services offered by KMALL360's various affiliate/ registered merchants/ vendors/service providers at a discounted price ("Services"). The Services are offered to the Users through various modes which shall include, issue of coupons and vouchers that can be redeemed for various services. The purchase of products and services on the Website shall be governed by the Terms of Offer For Sale ("Terms of Offer For Sale")



3.

Eligibility to Use






3.1

The Services are not available to minors under the age of eighteen (18) or to any Users suspended or removed from the KMALL360 system by KMALL360 for any reason whatsoever. If You do not conform to the above qualification, You shall not be permitted to avail of the Services or use the Website. You represent that You are of legal age to form a binding contract and are not a person barred from receiving services under the laws as applicable in Hong Kong. Notwithstanding the foregoing, if You are below the age of eighteen (18) years, You may avail the Services provided by KMALL360 through Your legal guardian in accordance with the applicable laws.


3.2

KMALL360 reserves the right to refuse access to use the Services offered at the Website to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so.


3.3

You shall not have more than one active Account on the Website. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another party.





4.

User Account, Password, and Security






4.1

KMALL360 makes the Services available to You through the Website only if You have provided KMALL360 certain required User information and created an account ("Account") through KMALL360 ID and password or other log-in ID and password, which can include a facebook, gmail, yahoo ID or any other valid email ID(collectively, the "Account Information"). The Services may also be subject to procedures for use of the Website, Terms of Offer For Sale, uploaded guidelines, rules, additional terms of service, or other disclaimer & notices, if any ("Additional Terms"). If there is any conflict between the Terms of Use and the Additional Terms, the Additional Terms shall take precedence in relation to that service.


4.2

The Website requires You to register as a User by creating an Account in order to avail of the Services provided by the Website. You will be responsible for maintaining the confidentiality of the Account Information, and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify KMALL360 of any unauthorized use of Your Account Information or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. KMALL360 cannot and will not be liable for any loss or damage arising from Your failure to comply with this Section 4.2. You may be held liable for losses incurred by KMALL360 or any other user of or visitor to the Website due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account Information secure and confidential.


4.3

The Website also allows restricted access to the Services for unregistered Users.


4.4

You shall ensure that the Account Information provided by You in the Website's registration form is complete, accurate and up-to-date. Use of another user's Account Information for availing the Services is expressly prohibited.


4.5

If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or KMALL360 has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, KMALL360 has the right to suspend or terminate Your Account and refuse any and all current or future use of the Website (or any portion thereof).






5.

Pricing Information






5.1

KMALL360 strives to provide You with the best prices possible on products and services You buy or avail of from the Website. The pricing details for purchase of products and services from the Website are detailed under the Terms of Offer For Sale.


5.2

You agree to provide correct and accurate credit/ debit card details to the approved payment gateway for availing Services on the Website. You shall not use the credit/ debit card which is not lawfully owned by You, i.e. in any transaction, You must use Your own credit/ debit card. The information provided by You will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. You will be solely responsible for the security and confidentiality of Your credit/ debit card details. KMALL360 expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit/ debit card.


5.3

KMALL360 shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of you/cardholder having exceeded the preset limit mutually agreed by KMALL360 with our acquiring bank from time to time.




6.

User Obligations






6.1

Subject to compliance with the Terms of Use, KMALL360 grants You a non-exclusive, limited privilege to access and use this Website and the Services provided therein.


6.2

You agree to use the Services, Website and the materials provided therein only for purposes that are permitted by: (a) the Terms of Use; and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.


6.3

You agree to adhere to all limitations on dissemination, use and reproduction of any materials (such as the product catalogues) that You access on the Website in accordance with Section 7.


6.4

You agree not to access (or attempt to access) the Website and the materials or Services by any means other than through the interface that is provided by KMALL360. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.


6.5

You acknowledge and agree that by accessing or using the Website or Services, You may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable. KMALL360 disclaims all liabilities arising in relation to such offensive content on the Website. Further, You may report such offensive content in the manner prescribed under Section 17 herein.


6.6

If Website allows You to post and upload any material on the Website, You hereby undertake to ensure that such material is not offensice and in accordance with applicable laws. Further, You undertake not to: •Defame, abuse, harass, threaten or otherwise violate the legal rights of others;
•Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
•Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information through any bookmark, tag or keyword;
•Upload files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents;
•Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;
•Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
•Attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any KMALL360 server, or to any of the Services offered on or through the Website, by hacking, password mining or any other illegitimate means;
•Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of KMALL360, including any KMALL360 Account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;
•Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;
•Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section.
•Use any device or software to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website;
•Use the Website or any material or Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of KMALL360 or other third parties;
•Conduct or forward surveys, contests, pyramid schemes or chain letters;
•Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
•Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
•Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
•Violate any applicable laws or regulations for the time being in force within or outside Hong Kong;
•Violate the Terms of Use including but not limited to any applicable Additional Terms of the Website containedherein or elsewhere; and
•Reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website.


6.7

You agree that You are solely responsible to KMALL360 and to any third party for any breach of Your obligations under the Terms of Use and for the consequences (including any loss or damage which KMALL360 or its affiliates or its vendors may suffer) for any such breach.


6.8

You agree and acknowledge that KMALL360 is not the seller of the products and the services and KMALL360 shall in no manner be deemed to be the seller of the products or services on this Website. KMALL360 is only facilitating purchase of the products or services by You from the vendor by providing the Services to You.


6.9

You agree that KMALL360 may, at any time, modify or discontinue all or part of the Website, charge, modify or waive fees required to use the Website, or offer opportunities to some or all Website Users.








7.

7. Use of Materials






7.1

Except as expressly indicated to the contrary in any applicable Additional Terms, KMALL360 hereby grants You a non-exclusive, freely revocable (upon notice from KMALL360), non-transferable access to view, download and print product catalogues or any other materials available on the Website, subject to the following conditions: •You may access and use the materials solely for personal, informational, and internal purposes, in accordance with the Terms of Use;
•You may not modify or alter product catalogues or any other materials available on the Website;
•You may not distribute or sell, rent, lease, license or otherwise make the product catalogues or any other materials available on the Website available to others; and
•You may not remove any text, copyright or other proprietary notices contained in the product catalogues or any other materials available on the Website.


7.2

The rights granted to You in the product catalogues or any other materials as specified above are not applicable to the design, layout or look and feel of the Website. Such elements of the Website are protected by intellectual property rights and may not be copied or imitated in whole or in part. The product catalogues or any other materials available on the Website may be copied or retransmitted unless expressly permitted by KMALL360.


7.3

Any software that is available on the Website is the property of KMALL360 or its vendors. You may not use, download or install any software available at the Website, unless otherwise expressly permitted by these Terms of Use or by the express written permission of KMALL360.


7.4

7.4 Any purchase of the merchandise or Services from the Website will be strictly for personal use of the User. The User hereby expressly agrees that any merchandize or Services purchased by the User will not be sold, resold, bartered or in any way used for any commercial purposes or for profit. The User hereby acknowledges that the Services or merchandize purchased is not transferrable to any third party for profit.





8.

Usage Conduct






8.1

You shall solely be responsible for maintaining the necessary computer equipments and Internet connections that may be required to access, use and transact on the Website.


8.2

You are also under an obligation to use this Website for reasonable and lawful purposes only, and shall not indulge in any activity that is not envisaged through the Website.


8.3

You shall use this Website, and any voucher/ coupons purchased through it, for personal, non-commercial use only and shall not re-sell the same to any other person.


8.4

KMALL360 shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of you/cardholder having exceeded the preset limit mutually agreed by KMALL360 with our acquiring bank from time to time





9.

Intellectual Property Rights






9.1

The Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the "Content") on the Website is owned and controlled by KMALL360 and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.


9.2

The trademarks, logos and service marks displayed on the Website ("Marks") are the property of KMALL360 or their vendors or respective third parties. You are not permitted to use the Marks without the prior consent of KMALL360, the vendor or the third party that may own the Marks.


9.3

Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Jasper Infotech owns all intellectual property rights to and into the trademark "Snap Deal", and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.


9.4

Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from KMALL360 or thirty party owner of such Content.





10.

Third Party Content



The Website makes available general third party information such as, product catalogues, lists of authorized dealers, reports on news, entertainment, technology and features, advertisements including videos, images and photographs of the products and other data from external sources ("Third Party Content"). Similar Third Party Content would also be available to You on the email received by You from KMALL360. The provision of Third Party Content is for general informational purposes only. You acknowledge that the Third Party Content provided to You is obtained from sources believed to be reliable. KMALL360 does not provide any guarantee with respect to any the Third Party Content and KMALL360 shall not be held liable for any loss suffered by You based on Your reliance on or use of such data.




11.

Disclaimer Of Warranties & Liability



YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:


11.1

THE WEBSITE, SERVICES AND OTHER MATERIALS ARE PROVIDED BY KMALL360 ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, KMALL360 MAKES NO WARRANTY THAT (I) THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR YOUR USE OF THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE; (III) THE QUALITY OF THE WEBSITE, SERVICES OR OTHER MATERIALS WILL MEET YOUR EXPECTATIONS; OR THAT (IV) ANY ERRORS OR DEFECTS IN THE WEBSITE, SERVICES OR OTHER MATERIALS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KMALL360 OR THROUGH OR FROM USE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.


11.2

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KMALL360 WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. KMALL360 ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.


11.3

KMALL360 WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A CONSEQUENCE OF UNAUTHORIZED USE OF YOUR ACCOUNT OR ACCOUNT INFORMATION IN CONNECTION WITH THE WEBSITE OR ANY SERVICES OR MATERIALS, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. KMALL360 HAS ENDEAVORED TO ENSURE THAT ALL THE INFORMATION ON THE WEBSITE IS CORRECT, BUT KMALL360 NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE QUALITY, ACCURACY OR COMPLETENESS OF ANY DATA, INFORMATION, PRODUCT OR SERVICE. KMALL360 SHALL NOT BE RESPONSIBLE FOR THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED FUNCTIONALITIES, THE PROVISION OF OR FAILURE TO PROVIDE FUNCTIONALITIES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, FUNCTIONALITIES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. FURTHER, KMALL360 SHALL NOT BE HELD RESPONSIBLE FOR NON-AVAILABILITY OF THE WEBSITE DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE WEBSITE THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND KMALL360 'S CONTROL. THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. KMALL360 IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID COUPON. KMALL360 ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.




11.4

KMALL360 SHALL NOT BE LIABLE FOR ANY THIRD PARTY PRODUCT OR SERVICES. THE ADVERTISEMENT AVAILABLE ON E-MAIL OR WEBSITE WITH RESPECT TO THE THIRD PARTY WEBSITE OR THE PRODUCTS AND SERVICES ARE FOR INFORMATION PURPOSE ONLY.






12.

Indemnification and Limitation of Liability






12.1

You agree to indemnify, defend and hold harmless KMALL360 including but not limited to its affiliate vendors, agents and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by KMALL360 that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms of Use. Further, You agree to hold KMALL360 harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Website, any claim that Your material caused damage to a third party, Your violation of the Terms of Use, or Your violation of any rights of another, including any intellectual property rights.


12.2

Notwithstanding anything to contrary, KMALL360 's entire liability to You under this Terms of Use or otherwise shall be the refund of the money charged from You for any specific voucher or product or service, under which the unlikely liability arises.


12.3

In no event shall KMALL360, its officers, directors, employees, partners or suppliers be liable to You, the vendor or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not KMALL360 has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Website, Services or materials.


12.4

The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.




13.

Violation of the Terms of Use






13.1

You agree that KMALL360 may, in its sole discretion and without prior notice, terminate Your access to the Website and block Your future access to the Website if KMALL360 determines that You have violated these Terms of Use or Additional Terms. You also agree that any violation by You of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to KMALL360, for which monetary damages would be inadequate, and You consent to KMALL360 obtaining any injunctive or equitable relief that KMALL360 deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies KMALL360 may have at law or in equity.


13.2

You agree that KMALL360 may, in its sole discretion, and without prior notice, terminate Your access to the Website, for cause, which includes (but is not limited to): (1) requests by law enforcement or other government agencies; (2) a request by You (self-initiated account deletions); (3) discontinuance or material modification of the Website or any service offered on or through the Website; or (4) unexpected technical issues or problems.


13.3

If KMALL360 does take any legal action against You as a result of Your violation of these Terms of Use, KMALL360 will be entitled to recover from You, and You agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to KMALL360.





14.

Termination





14.1

The Terms of Use will continue to apply until terminated by either You or KMALL360 as set forth below. If You want to terminate Your agreement with KMALL360, You may do so by (i) not accessing the Website; or (ii) closing Your accounts for all of the Services that You use, where KMALL360 has made this option available to You.


14.2

KMALL360 may, at any time, with or without notice, terminate the Terms of Use (or portion thereof, such as any individual Additional Terms) with You if:
•You breach any of the provisions of the Terms of Use, the Privacy Policy or any other terms, conditions, or policies that may be applicable to You from time to time (or have acted in a manner that clearly shows that You do not intend to, or are unable to, comply with the same);
•KMALL360 is required to do so by law (for example, where the provision of the Services to You is, or becomes, unlawful);
•The provision of the Services to You by KMALL360 is, in KMALL360's opinion, no longer commercially viable;
•KMALL360 has elected to discontinue, with or without reason, access to the Website, the Services (or any part thereof); or


14.3

KMALL360 may also terminate or suspend all or a portion of Your account or access to the Services with or without reason. Except as may be set forth in any Additional Terms applicable to a particular Service, termination of Your Account may include: (i) removal of access to all offerings within the Website or with respect to the Services; (ii) deletion of Your materials and Account Information, including Your personal information, log-in ID and password, and all related information, files and materials associated with or inside Your Account (or any part thereof); and (iii) barring of further use of the Services.


14.4

You agree that all terminations shall be made in KMALL360's sole discretion and that KMALL360 shall not be liable to You or any third party for any termination of Your Account (and accompanying deletion of Your Account Information), or Your access to the Website and Services.


14.5

Notwithstanding the foregoing, these Terms of Use will survive indefinitely unless and until KMALL360 chooses to terminate them.


14.6

If You or KMALL360 terminates Your use of the Website, KMALL360 may delete any content or other materials relating to Your use of the Website and KMALL360 will have no liability to You or any third party for doing so.




15.

Governing Law





15.1

These Terms of Use and all transactions entered into on or through the Website and the relationship between You and KMALL360 shall be governed in accordance with the laws of Hong Kong without reference to conflict of laws principles.


15.2

You agree that all claims, differences and disputes arising under or in connection with or in relation hereto the Website, the Terms of Use or any transactions entered into on or through the Website or the relationship between You and KMALL360 shall be subject to the exclusive jurisdiction of the courts at New Delhi, Hong Kong and You hereby accede to and accept the jurisdiction of such courts.




16.

Report Abuse



In the event You come across any abuse or violation of these Terms of Use or if You become aware of any objectionable content on the Website, please report to KMALL360 customer support



17.

Privacy Policy



The User hereby consents, expresses and agrees that he has read and fully understands the Privacy Policy of KMALL360 in respect of the Website. You further consent that the terms and contents of such Privacy Policy are acceptable to You.



18.

Communications





18.1

You hereby expressly agree to receive communications by way of SMS, e-mails from KMALL360 relating to Services provided through the Website.


18.2

A User can unsubscribe/ opt-out from receiving communications from KMALL360 through SMS and e-mail anytime by:
a.Visiting http://www.KMALL360.com/smsunsubscribe to unsubscribe from messages/ SMS; and
b.Newsletters sent daily at the registered email address.---by clicking on the unsubscribe option attached at the bottom of newsletter received through e-mail




19.

General Provisions





19.1

Notice: All notices of KMALL360 will be served by email or by general notification on the Website. Any notice provided to KMALL360 pursuant to the Terms of Use should be sent to KMALL360 customer support


19.2

Assignment: You cannot assign or otherwise transfer the Terms of Use, or any rights granted hereunder to any third party. KMALL360's rights under the Terms of Use are freely transferable by KMALL360 to any third parties without the requirement of seeking Your consent.


19.3

Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Term of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect.


19.4

Waiver: Any failure by KMALL360 to enforce or exercise any provision of the Terms of Use, or any related right, shall not constitute a waiver by KMALL360 of that provision or right.




20.

Feedback and Information



Any feedback You provide to this Website shall be deemed to be non-confidential. KMALL360 shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that (i) Your feedback does not contain confidential or proprietary information of You or of third parties; (ii) KMALL360 is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) KMALL360 may have something similar to the feedback already under consideration or in development; and (iv) You are not entitled to any compensation or reimbursement of any kind from KMALL360 for the feedback under any circumstances.


 
21.

SD Cash





21.1

SD Cash will be associated to the user’s email id.


21.2

SD Cash cannot be transferred from one account to another.


21.3

SD Cash can only be used to buy products/deals from KMALL360.com


21.4

SD Cash cannot be redeemed for cash.


21.5

SD Cash can be credited only by activities but not limited to such as Gift Voucher, Order Refunds.


21.6

The expiration of the SD Cash will depend on the activity it is being credited against.


21.7

KMALL360 reserves the right to decide/alter/change the expiration period of the activities at any time with or without notice.


21.8

As a guest user customers will not be eligible for using SD Cash.


21.9

KMALL360 reserves the right to extend or terminate the validity of SD Cash associated to any activity.


21.10

KMALL360 has no obligation to compensate the customer after the termination/expiration date of the SD Cash.


21.11

KMALL360 reserves the right at any time, without notice, to add/alter/change/or vary any or all of these terms and conditions or to replace, wholly or in part, the SD Cash feature with any other feature, whether similar to this or not, or to withdraw it altogether.


21.12

The use of the SD Cash by the customer for redemption will be deemed to the acceptance of these Terms and Conditions in addition to the rest of the terms and conditions and that the customers understand and agree to be unconditionally bound by the same.


21.13

KMALL360 reserves the right to disqualify any customers from the benefits mention herein above. In case of any fraudulent activity, prosecution will be carried out against the concerned customer.

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