Welcome to Online Mall!
Sellers (you) who want to register at onlinemall.com.pk (the Site or we or us or our), and use our services to sell products must accept these Seller Terms and Conditions (Terms). By creating a Seller account with us, you agree to be bound by these Terms, and all policies, guidelines, and other terms incorporated in the Site (Site Terms).
Online Mall reserves the right to change Site Terms at any time and in its sole discretion. Any changes will be effective upon posting of the revisions on the Site without any further notice to you. You are responsible for reviewing any applicable changes. Your continued use of the Site and Online mall services following Online Mall’s posting of any changes will constitute your acceptance of such changes. If you do not agree to any change to these Terms, you must not continue to use the Site and or Online Mall services.
ONLINE MALL SERVICES:
We offer the web and mobile platforms for Sellers to offer products to end users, and complete transactions. Online Mall provides you with technology and services such as order management, fulfillment, all shipping and handling, cash collection and processing of payment, and call centre and customer support (Services).
As a Seller, you use the Site and the Services at your own risk, and Online Mall bears no risks relating to your products, and all rights and liabilities therein.
The seller registration process will result in the creation of a Seller account with us. We may also assist Sellers for creating an account after receiving the necessary information. You must first familiarize with the sale process set out on the Site and all Site Terms.
You must not register under a false name and impersonate any other Sellers’ log-in credentials, or password(s). Such fraudulent conduct is a violation of applicable federal, local or international laws and regulations (Applicable Laws). You agree to provide all relevant information to the Online Shopping Mall while your account is active.
The Site and Services may be used only for lawful purposes and in a lawful manner. You must comply with all Applicable Laws. You must at your own expense or purchaser’s expense (as agreed with Online Mall) ship products within 03 (three) days from the order date, unless you specify another shipping time in writing. We reserve the right to charge a penalty for
(i) Your delivery delays against agreed timeline; or (ii) Cancellation of a confirmed order placed by a purchaser. It is your duty not to place any misleading advertisement or information about your products or a brand on the Site. If you are found breaching these terms, you must accept return of products and will pay us a penalty.
The penalty under these Terms will be amended and notified by Online Mall from time to time.
In addition to the warranties mentioned in clause 6 below, you agree that you will
(i) package products safely and in good manner to avoid damages (ii) ensure that you products do not cause any personal injury or damage to properties or people (iii) provide trade license and copy of passport or NIC No (for individuals) (iv) provide the required warrantees and maintenance for the purchased products in accordance with market practices, Online Mall policies and Applicable Laws; and (v) remain responsible for after-sales services, guarantees and maintenances, and defects.
Products that are hazardous to health and safety will require additional warranties, and higher safety standards as may be required by the federal or local government or law enforcement agencies. Liabilities for not following relevant safety and health requirements or selling products hazardous to individuals or properties will be at your sole risk and cost. We will reject products that fall under our prohibited item list.
Site Terms are applicable to all activities or transactions made on or via the Site. If Online Mall is notified by a seller or a third party brand owner, or via a court, administrative or government order that the products or a portion violates the Intellectual Property Rights or IPRs(including without limitation
(i) copyright, patents, database rights and rights in trademarks, designs, know-how and confidential information (whether registered or unregistered); (ii) applications for registration, and the right to apply for registration, for any of these rights; and (iii) all other IPRs and equivalent or similar forms of protection existing anywhere in the world) or any other rights of any third party or any Applicable Laws, Online Mall may remove such products from the Site and Online Mall warehouses (if relevant) at its sole discretion or ask Seller to remove such products within a reasonable timeframe notified in writing.
Seller acknowledges that Online Mall may from time to time introduce and implement new business rules, and customer care guidelines.
Additionally, we are under no obligation to provide any information, material or document back to you, including following termination of these Terms or cancellation of a Seller account.
FEES AND PAYMENTS:
You can verify sales reports for each calendar month through Seller account and the report will include the amount successfully collected for your products minus Online Mall’s fees. In most cases, a Seller or a purchaser will incur shipment charges. Shipment charges incurred by Online Mall if any will be adjusted. Seller is responsible for payment of taxes in connection with the products including interests, collection or withholding costs associated. All such amounts are in addition to Online Mall fees.
Cost of each item minus Online Mall fee as set out on the Site will be released to Sellers’ account on the Site within 5 Business Days after successful products delivery, and not later than 30 days. This period will always be subject to any purchaser dispute or conflict resolution time. Thereafter, Sellers can transfer such balance to his/her bank account at any time. Our obligation to remit funds received by us on your behalf is limited to funds that we have actually received less amounts owed to Online Mall, subject to chargeback or reversal or withheld for anticipated claims in accordance with these Terms. The parties shall Endeavour to resolve all and any payment conflicts amicably, and in the absence of an acceptable resolution, the parties will escalate the conflict to parties’ officers as set out in clause 19.
Notwithstanding these Terms and without prejudice to Online Mall’s other rights and remedies, Seller acknowledges Online Mall’s rights to: (i) withhold all and any amounts to Seller; and (ii) recover from Seller all losses or damages suffered by Online Mall and or a purchaser as solely determined by Online Mall; (iii) pay a penalty of Rs500,000 (Five Hundred Thousand Pakistan Rupees) immediately; if (a) a Seller’s product was found to be not original or refurbished and or counterfeit; and (b) any fraudulent conduct was identified on the part of Seller.
Seller represents and warrants that:
(i) Seller has the power and licenses, permissions, authorizations, proprietary rights, consents and permits in the products and to sell and promote products in the Territory;
(ii) products conform to quality and safety standards;
(iii) seller shall be solely responsible for any products placed or distributed through the Site and breach of any third party contracts;
(iv) placement of products and sale of products through the Site will not be in breach of any Applicable Laws or third party rights;
(v) all products including the materials supplied to Online Mall are original and free from any defects;
(vi) seller will not engage in any unfair trade practices, and publish any inaccurate or misleading advertisement or information about products on or via the Site, and
(vii) seller will neither sell nor deliver to a purchaser a refurnished or used item, and that the products will be always new.
Seller agrees to reimburse Online Mall any fines or fees imposed on Online Mall by a relevant authority for breach of these warranties. Online Mall also reserves the right to withhold payment of any fees due to Sellers in such cases. Seller shall also immediately compensate the purchaser(s) with the value of the purchased item and shall return any unacceptable products at its own cost.
Products sold on the Site are subjected to a return policy that is within 7 (Seven) calendar days of the date of delivery as long as products are in the original packaging, and original condition when purchased and received except in cases a product is counterfeit or defective and/ or materially different from the one ordered by a purchaser.
Our customer support team will arrange return for Seller by arranging a courier pick-up and return, at which point full refund is made to a purchaser. Seller must accept return of an item without fail. In the event of a return not in breach of a Seller obligations under this provision, Online Mall will not levy any costs or penalty. Nevertheless, Online Mall may levy shipping charges on Sellers if products are returned due to Seller’s breach of these Terms or Site Terms.
Notwithstanding these Terms, returned products if not accepted by Seller after two attempts by Online Mall will be held in Online Mall’s custody for 60 (sixty) days from the date of receipt for Seller to take delivery. After this period, Online Mall retains the right to destroy products at its own discretion, and Seller will exhaust rights in the products including any fees, revenues or price.
Online Mall has the right to use, copy, distribute, modify and disclose to third parties any content, trademarks, materials or product images that you upload on the Site (and Seller warrants that it is entitled to grant that licence).
This license you grant to us is non-exclusive, fully-paid and royalty-free, sub-licensable, and worldwide. We do not grant any license to you except the Services that we offer.
SERVICES - SITE UPGRADES:
Seller acknowledges that Online Mall may, from time to time, upgrade features of the Site and or certain aspects of the services that it provides to its customers generally. In order for Seller to benefit from any such upgrade, Online Mall may make changes to the provision of the Services and the procedures by which Seller receives the Services.
Online Mall may also, from time to time change the Services to the extent required to comply with any change in Applicable Laws.
ONLINE MALL's LIABILITY:
No representation, warranty or condition, express or implied, statutory or otherwise is given or assumed by Online Mall in respect of the Services or Site, and all those representations, warranties and conditions are excluded save to the extent that such exclusion is prohibited under Applicable Laws. Online Mall shall not be liable in any way for any features or content, or any loss or damage of any kind incurred as a result of the use of any features or content, posted, emailed, transmitted or otherwise made available via the Site. We will not be liable (whether for breach of contract, negligence or any other liability arising under or in relation to your use of the Site) for any actions by us or anyone who works for us.
Our liability under or in connection with these Terms, whether arising from negligence, breach of contract or otherwise, shall not exceed in aggregate an amount equal to the Fees actually received for Seller’s product products in the 06 (six)-month period immediately preceding the event giving rise to the liability.
Online Mall shall not be liable to Seller for:
(i) loss of profits, revenues, contracts, business interruption, loss or corruption of data; or
(ii) any indirect, special or consequential loss or damage, even if the loss flowed naturally from any breach or was reasonably foreseeable and whether arising from negligence, breach of contract or otherwise.
Online Mall will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
(i) use of, or inability to use, our Site or order products; or
(ii) use of or reliance on any content displayed on our Site.
RELEASE AND INDEMNITY:
Seller undertakes to release Online Mall from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any disputes between Seller and purchaser or third party.
You will defend, indemnify and hold harmless Online Mall, and each of our affiliates (and their respective employees, directors, agents and representatives) from and against any and all claims, costs, losses, damages, judgments, penalties, interest and expenses (including reasonable attorneys’ fees) arising out of any claim, action, audit, investigation, inquiry or other proceedings instituted by a third party, entity or a government agency, that arises out of or relates to:
(i) any actual or alleged breach of your representations, warranties, or obligations set forth in these Terms; or
(ii) the products you sell, any content you provide, the advertisement, offer, sale or return of any products you sell, any actual or alleged infringement of any intellectual property or proprietary rights by any products you sell or content you provide.
Neither party may bring an action against the other under or in connection with these Terms (whether for negligence, breach of contract, misrepresentation, under any indemnity or otherwise) more than one year after that party becomes aware of the cause of action, claim, or event giving rise to the cause of action or claim.
Except in relation to any claim or action for non-payment of the fees, each party shall take all reasonable steps to mitigate the loss and damage it incurs in relation to any claim or action (whether for negligence, breach of contract, misrepresentation, under any indemnity or otherwise) which it brings against the other.
DISCLOSURE OF INFORMATION:
Online Mall also reserve the right to report any activity that either of them suspects violates any Applicable Law to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with governmental requests, to protect Online Mall and purchasers, or to ensure the integrity and operation of Online Mall’s business and systems, Online Malls may access and disclose any information it considers necessary or appropriate, including but not limited to Seller account details, contact details, IP address and traffic information, usage history, and posted content.
Online Mall and a Seller each shall protect purchaser data as per their respective policies and the applicable laws of the Pakistan.
TERM & TERMINATION:
These Terms shall commence on the date on which your account was created or a written contract is signed with us, unless terminated. Online Mall may terminate these Terms at any time at its sole discretion though Online Mall shall try to give 15 (fifteen) days’ notice to Sellers. Upon termination, your seller registration shall cease to exist. No termination of these Terms (howsoever occasioned) shall:
(i) affect any accrued rights or liabilities of either party;
(ii) affect the coming into force or the continuance in force of any provision of these Terms which is expressly or by implication intended to come into force or continue in force on or after termination; or
(iii) require a court order.
SUSPENSION OF SERVICES:
Online Mall may suspend performance of the Services without notice and without liability in the following circumstances (although Online Mall shall notify Seller as soon as practicable of any such suspension):
(i) if Seller breaches these Terms or any of Online Mall policies;
(ii) if Seller fails to reasonably cooperate with an investigation by Online Mall;
(iii) where Online Mall reasonably believes that its continued provision of the Services would expose Seller or Online Mall or their respective networks or customers to a material security risk or a regulatory action; and
(iv) seller performance does not meet Online Mall’s reasonable financial projections. Online mall’s seller performance guidelines are available in faqs.
Neither party shall be liable to the other for any delay or non-performance of its obligations under these Terms arising from any cause or causes beyond its reasonable control including without limitation any of the following: act of God, governmental act, war, fire, flood, explosion, civil commotion or industrial dispute of a third party, armed hostilities, act of terrorism, revolution, blockade, embargo, strike, lock out, sit in, industrial or trade dispute, adverse weather, disease, accident to (or breakdown of) plant or machinery, shortage of any material, labour, transport, electricity or other supply, or regulatory intervention.
GOVERNING LAW AND JURISDICTION:
These Terms shall be governed by and construed in accordance with the laws of the Pakistan as applied in Pakistan. Any dispute, claim or controversy arising out of or in connection with these Terms (including a dispute, claim or controversy relating to any non-contractual obligations arising out of or in connection with these Terms) shall be referred to the parties’ respective officers for resolution.
(a) Assignment. You cannot transfer or assign any of your rights or duties under these Terms to any third party. We may assign our rights or obligations (or both) to a group or affiliate company without consent.
(b) Entire Agreement. These Terms together with Site Terms contain the entire agreement of the parties relating to the transactions described in it and supersedes any previous understanding or agreement relating to it.
(c) Relationship of the parties. Nothing in these Terms shall:
(i) make either party a partner of the other party, or
(ii) grant any right or authority to either party to bind the other.
(d) No waiver. The rights of each party under these Terms:
(i) may be exercised as often as necessary;
(ii) are cumulative and not exclusive of rights or remedies provided by law; and
(iii) may be waived only in writing and specifically. Delay in exercising or non-exercise of any such right is not a waiver of that right.
(e) Notices. Any notice served in respect of these Terms will be sent by mail to firstname.lastname@example.org, and will be deemed to have been received at the time of receipt.
(f) Severability. If any term of these Terms are or become illegal, invalid or unenforceable in any jurisdiction that shall not affect:
(i) the legality, validity or enforceability in that jurisdiction of any other clauses; or
(ii) the legality, validity or enforceability in other jurisdictions of that or any other provision of these Terms.
(f) Amendments. No amendment to these Terms shall be binding on the parties unless set out in writing, expressed to amend these Terms and signed by authorised representatives of each of the parties.
(g) Anti-Bribery Provisions. Neither party shall accept or give any commission or gift nor shall other financial benefit or inducement from or to any person or party in connection with these Terms and each party ensure that its employees, agents and subcontractors will not accept or give any such commission, gift, benefit or inducement. Each party will immediately give the other party details of any such commission, gift, benefit or inducement which may be offered.