Terms and Condition

TERMS OF USE

Welcome to EZmall.asia. Thank you for accessing our site and using our online service. The following terms and conditions (the “Terms”), including documents referred to and hyperlinks contained herein, constitute an agreement (the “Agreement”) between EZmall, Inc. and the Customer for your use and access to the service and features on the sites and subsidiaries owned and operated by EZmall Inc., including www.ezmall.asia, as well as any future sites that may be added, these Terms of Use will govern those new sites as they are added.  Please read this agreement carefully. It is understood that, by browsing, accessing, or using this site and its services, you are agreeing to and are bound by the Terms of Use listed below. If you do not agree to these Terms of Use, do not access and/or use this site or its services.

Only customers 18 years of age and with registered accounts shall be able to access and use secure areas of the Site or its services that are password-protected.

 

DEFINITIONS:

Unless the context otherwise requires, the following definitions shall apply to these Terms of Use:

  • “Seller” (also “EZmall”, “Site”, “we”, “us” or “our”) means EZmall.asia, seller of the Goods as defined herein.
  • “Customer” (also “you”, “your”, or “User”) means the person or entity who purchases or agrees to purchase Goods from the Seller
  • “Merchant” means a third party seller of goods and/or services (in which case a Voucher can be redeemed)
  • “Contract” means any contract for the sale of Goods by the Seller to the Buyer made after the Buyer first receives a copy of these Terms from the Seller.
  • “Goods” means the goods, products, and/or services which the Buyer agrees to buy from the Seller.
  • “Price” means the price for the Goods including sales tax and VAT, but excluding any other additional charges (such as delivery charges) which will be given notice to the Buyer when placing the order.
  • “Service” means any and all the services provided by EZmall via the website, including the provision of information, content, and transaction facilities coursed through the Site.
  • “Terms” means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
  • “Listing Price” means the price of the Product payable by a Customer at the time at which the Order placed by the Customer is transmitted to Seller through the Website.

 

GENERAL TERMS OF USE

EZmall reserves the right to revise or modify any of the terms and conditions contained in the Terms of Use, guidelines, policies and operating rules from time to time at any time as we deem it necessary without individual notice to you by posting the changes in the Site. Any amendments or modifications to these Terms of Use will come into effect fourteen days after being posted on the Site. The Customer bears the responsibility for to review information periodically to obtain timely notice of these changes. Any orders (including orders placed in the interim until the amendment comes into effect) will follow the Terms of Use that applied at the time you placed the order. Continued use of the Website after changes are posted is tantamount to your acceptance of the amended Agreement. If you do not agree with the modified Agreement, you may not access or use the Service.

RESTRICTED ACTIVITIES:

The Customer agrees compliand undertakes not to:

  • Use EZmall website or its Services for illegal purposes;
  • Impersonate another person or entity, or misrepresent your affiliation with any person or entity;
  • Use the Site to promote or post any prohibited materials;
  • Use, upload, or post material or software containing harmful components, virus, or malicious codes that may delete, steal, alter sensitive and confidential information or execute damaging actions that may corrupt the System or the websites.

 

CONTENT MONITORING:

EZmall reserves the right, but is not obliged to:

  • Screen and control any activity, content or material on the Site or its services. We may also investigate, at our discretion, any violation of the terms and conditions detailed herein, and may take any subsequent action it deems appropriate;
  • Request information and data from you in relation with your use of the website and its Services if we have reasonable grounds to suspect that any information you have provided is fraudulent.
  • Report to the proper authorities any suspicious activity that may be in violation of any applicable law, statute or regulations;
  • Restrict or block access of any Customer to the EZmall website.

 

REGISTRATION, MEMBERSHIP & ELIGIBILITY

  • Most of the general functions of the website do not require registration.  However, to gain access and use some of the features of the Services provided in the Website, Customers are required to register and create an account to be able to make a Purchase. This will entail setting up a Username and Password, and expressly signify your acceptance of the Agreement.
  • Customers are also required to furnish personal information. These can be changed or updated in the My Account page. Registering as a member allows you to view your purchase history, store items in your Wishlist, among other features. However, if there is reason to suspect that such information has been falsified or is inaccurate, EZmall Inc reserves the right to suspend or terminate your membership.
  • The Customer is responsible for maintaining the privacy of their account. However, please notify us immediately should you have any reason to suspect that the confidentiality of your account has been compromised, or if there has been unauthorized use of your Username and Password, or any other breach of security that you are aware of.
  • You agree to be responsible for any access and/or use of any Services and any communications attributable to your Username and Password (regardless of whether such access or use are authorized by you or not) and you agree that we shall be entitled (but not obliged) to act upon or hold you solely liable in such cases as if it were carried out or transmitted by you. You further agree to fully indemnify us against any and all Losses attributable to any use of any Services and/or or access to the Website referable to your Username and Password.

 

PRIVACY POLICY

  • Use of the Services and/or access to the Website is also subject to the Privacy Policy as set out .

 

INTELLECTUAL PROPERTY

  • You may use the Site and its Services only in the manner allowed by this Agreement.
  • All Intellectual Property (including, without limitation, copyright, trademarks, patents, design rights and all other forms of international intellectual property rights) in the Website and its Services are owned by, licensed to or controlled by EZmall Inc., our Third-Party Merchants, licensors or our service providers. All Content and Proprietary Materials on the Site (including texts, graphics, images, digital downloads, audios, data compilation, software, etc.) are the exclusive property of EZmall Inc. and protected by aforementioned international copyright laws. Nothing in these Terms constitutes a transfer of any intellectual property rights, and we reserve the right to enforce it to the fullest extent of the law.
  • Any modification, alteration, distribution, reproduction, republishing, transmission, displaying, mirroring or hyperlinking of the Content and Materials protected by the Intellectual Property Law without the written permission of EZmall Inc. or of the relevant copyright owners is strictly prohibited.

 

DISCLAIMER OF WARRANTY

  • Our Services, all EZmall Content, and any product purchased through the Site are made available on an “as-is”, “as available”, “with all faults” basis. To the fullest extent permitted by applicable law, EZmall is not and shall not be liable for any representations or warranties of any kind, whether express, implied, or statutory, including but not limited to warranties of satisfactory quality, non-infringement of third party rights, merchantability, title, fitness for a particular purpose, provided in the Website, the Services, or the Materials. All information and content are displayed for informational purposes only.
  • EZmall does not warrant that the Service or the Website will be uninterrupted, secure or free from errors or omissions, that any defects will be corrected, or that the servers providing for the Service will always be free of viruses or other malicious and harmful components. Further, we shall not be liable for ant loss or damage (including, without limitation, personal injury or property damage) of any kind as a result of any Content posted or emailed.

 

LIMITATION OF LIABILITY

You agree to use the Site and its Services entirely at your own risk, and under no circumstances shall EZmall, its affiliates, directors, employees, agents, and suppliers be liable to you for any errors, Damages, or Losses arising, or directly or indirectly related to:

  • The Service, including the EZmall Website and any third party link launched from Site.
  • The Agreement
  • Any access, use and/or inability to use the Website and its Services or any other information accessed therein
  • The products made available or purchased through the Service, including any damages or injury caused by any use of such products
  • The performance of any third-party products or services
  • The legality or authenticity of advertisements, content, services, or products provided by any party through the EZmall website.

 

PRODUCTS

  • Product purchase: You agree to comply with any and all guidelines, notices, operating rules, instructions and policies, as well as any amendments, pertaining to the purchase of Products as set in the Site. These guidelines, notices, operating rules, instructions and policies may be modified at any time and you are deemed to be aware of and bound by these changes fourteen days after it has been posted in the Website.
  • Seller-Buyer Agreement:
  • Certain products may be sold under EZmall, in these cases, EZmall assumes the role of the Seller, and agreements are entered directly between EZmall and the Customer.
  • For products sold to you by Third-Party Merchants, agreements shall be entered into directly between the Third-Party Merchant and the Customer.

 

  • Product Description: We strive to present the product descriptions as detailed and as precise as possible. However, we cannot warrant that such description is accurate, current, or free from error. In particular, actual color of products may differ as color displays differently depending on your monitor. If the product is fundamentally different from the Product as described in the Website from which you have ordered it, our Returns and Refund Policy shall apply. .

 

  • Errors and inaccuracies: Occasional typographical errors, inaccuracies, or omissions in connection with product descriptions, pricing, promotions, and availability may occur. EZmall reserves the right to rectify any errors, inaccuracies, or omissions, and to update information or cancel orders if there is inaccurate information on the Website any time without prior notice. If you have already submitted your order and payment has been completed (whether through credit card, PayPal, etc.), the full amount charged to you for the Product (including shipping or delivery charges, if any) shall be refunded to your account within 7- 14 days.

 

All products should be used in accordance with their instructions, guidelines, and precautions. For electronic devices, please check the technical specifications. For food items, always check the ingredients to avoid potential allergic reactions.

 

PRICING

All prices of products in the Website are inclusive of government taxes unless otherwise stated. Seller reserves the right to change the Listing Prices any time without prior notice. Discounts and price reductions will be specified in the product description, as well as reflected in the Final Price. In case of a pricing error, said order will either not be processed or will be cancelled. In such cases, we will notify you through email. If payment has already been charged, please see Errors & Inaccuracies above and our Returns & Refund Policy.

 

PROMOTIONS
EZmall may hold promotions from time to time, which may be posted in the Website, and likewise sent out through newsletters for registered Accounts.

 

ORDERS

    • Making an order and subsequent purchase requires the creation of an account with EZmall. By registering an account, you give your consent to us to process information about you in accordance with our Privacy Policy and warrant that all the data you provided therein are accurate.
    • In cases where multiple Customers placed orders of the same item simultaneously, EZmall’s shall honor the first-come, first served policy. Items in your Cart, therefore, can be purchased by another Customer who was able to finish the Payment procedure first. However, items from cancelled orders will be released back to Website’s system Inventory and may again be available for purchase.
    • Placing your Order: You may start the Order Placement process by clicking the Checkout button. After filling in the necessary information (including the Payment Method, Shipping & Delivery), click on the Submit Order Now button. You are solely liable for the accuracy of the information contained therein. You agree that unless you receive an email from Ezmall confirming your Order, it is understood that no legally binding agreements or promises has been made between Seller and you, either for the sale and/or other dealings with the Product(s). Seller is, thereupon, not liable for any Losses or damages incurred as a result.

 

  • Cancellation of Order: Cancellation of order is allowed within forty eight hours from the time you place your order (provided Seller has not yet dispatched the Product), during which time, your request for cancellation must be transmitted to EZmall through written notice to EZmall at the “Contact Us” page on the website, or by sending an email to contact@www.ezmall.asia using the email used to register for your Account in EZmall. (Subject Title:  “Order Cancellation: Order No. XXXXX”) Your right to cancel is forfeited once four eight hours has passed, whereupon the Orders are then considered irrevocable. Seller is entitled to process such Order without further consent from you or notice to you.

EZmall reserves the right to accept or decline an order for any reason. Possible reasons include: if Product is out of stock or damaged, suspicion of fraudulent order, invalid Payment, or any other circumstances we deem appropriate.

 

RETURNS, REFUNDS AND EXCHANGES

Return Policy: Returns must be done as instructed in EZmall’s Return Policy .

Refunds: All refunds are contingent on its eligibility in accordance with the set guidelines here and the validity of the subsequent return of the Product. Except for Cash on Delivery, all refunds shall be made to the person who made the original payment through the original payment method. For C.O.D., refunds shall be made through bank transfer into the person’s bank account (complete and correct bank details are mandatory ) or as credits (EZpoints) in the EZwallet. EZmall Inc. shall bear all associated costs imposed by the processing bank and/or payment provider. However, we reserve the right to modify the mechanism of processing refunds at any time without notice.

Allowable Replacements: EZmall offers a replacement policy <insert link> for faulty and defective products within seven days of receiving the Product. After Product has been replaced by Ezmall or has refunded the Customer, said faulty Product (or its parts) shall become the property of the Seller and as such, should be shipped back to the Seller if requested.

 

PAYMENT

EZmall offers a variety of payment methods for the convenience of our Customers. Actual payment is only charged upon acceptance of the Order by the Seller. All payments shall be made to EZmall (for itself or on behalf of Third-Party Merchants), and you agree that Ezmall is authorized to collect payments on behalf of Third-Party Merchants. Customer is bound by the applicable user agreement of your chosen payment method. You agree that EZmall, its agents or Third-Party Merchants shall not be responsible for any failure or errors with your chosen payment method. We reserve the right to modify, add, or discontinue, whether temporarily or permanently, any payment method at any time without advance notice.

Unsuccessful Payment or Failure to Pay: Should the Customer fail to make the payment in accordance with the terms and conditions of the chosen payment method, or if payment is cancelled for whatever reason, then Seller is entitled to cancel the Order or suspend its process until such time that full payment is made.

For the complete details of our Payment Policy, please visit <insert link>.

 

DELIVERY

While EZmall offers a 2-5 days delivery timeframe within Metro Manila and 7-10 days for Visayas and Mindanao, it is still subject to the availability of the Products. There are, indeed, rare instances when an item may become unavailable in between updates. Should there be possible delays on delivery, you will informed accordingly through email notification. Products shall be delivered immediately as soon as it becomes available. If the delivery has not been made after the projected delivery timeframe has expired, the Customer has three (3) business days to inform us. Delivery is considered completed and Customer deemed to have received the Product if no feedback is made 3 days after the projected target delivery date.

Address: Delivery of the Products shall be made to the address specified in your Order form either by EZmall couriers or partner courier companies on behalf of Seller.

Failed Delivery: If for any reason (other than reasons beyond the Customer’s control), the Customer fails to receive the delivered Order on the first attempt, Ezmall will make the delivery for a second time within three (3) days. If the Customer still fails to take the delivery after the second attempt, EZmall will take the items into custody for a limited period of time. For non-perishable items, EZmall will keep the items for fifteen (15) business days from the day EZmall received the Product from the Customer. For food and other perishable items, we shall keep the items only for five (5) days. EZmall will notify the Customer to pick up the item at EZmall’s office (or for Viz Min areas, the forwarder/partner courier’s branch nearest them) or ship the item out at Customer’s cost. If Customer did not do either within the specified amount of time, Customer forfeits any right to the item whereupon it is deemed abandoned and Seller may dispose of the item. Similar policy applies for cases where Customer refuses to receive the Product upon delivery without justifiable cause, or returns the Product without justifiable cause and without going through due process.

Risk of Damage or Loss: Risk of damage to or loss of the Products during shipping or in transit by the EZmall courier or partner couriers is the responsibility of EZmall. Once EZmall has fulfilled Delivery of the Product, or if Customer fails to take delivery of the Products, Risk shall then pass to the Customer.

Shipping, Other Charges, and Order Tracking: All shipping charges, as well as any applicable charges, shall be indicated in detail in the Checkout Page, before Order is confirmed and Payment is made. Customer may track the status of the Order and Delivery through the “Order Tracking” feature on the Website.

 

THIRD PARTY CONTENT AND THIRD PARTY SITES

While EZmall may include links to third-party sites, such websites and their content are not under our control. As such, we cannot guarantee the integrity or quality of these sites. By visiting them, the Customer may be exposed to Content that may be offensive. To the fullest extent permitted by the applicable law, EZmall will not be liable for any Content, including, but not limited to, any statements, errors or omissions; any loss or damage (including, but not limited to, personal injury or property damage) ; libel, defamation, profanity obscenity; or other objectionable material contained therein. Customer agrees to bear the risks and consequences of accessing any third-party site.

 

APPLICABLE LAWS

These Terms and Conditions shall be governed by, and interpreted in accordance with the laws of the Philippines, under the exclusive jurisdiction of the Courts of Makati City in the Philippines.

 

DISPUTE SETTLEMENT

Any dispute or claim arising out of or relating to these Terms in whole or in part between you and EZmall, or the breach or termination thereof shall be resolved by arbitration in Makati City under the Alternative Dispute Resolution Act of 2004 (Republic Act No. 9285). Any arbitration shall be final and binding between the parties and may be enforced by a competent court having jurisdiction. If any provisions in these Terms and Conditions is deemed invalid, the invalidity of said provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect. To the extent permitted by applicable laws, the Customer agrees that any cause of action arising out of, or related to the Site, must commence within six (6) months after the cause of action ensues, or such cause of action is permanently barred and terminated.