Terms & Conditions
Last updated on 14 August 2019.
(“Easeanmall” or “we” or “us” or “our”) operates online e-commerce goods and services websites known as the “easeanmall Web Portal” and other similar name (collectively referred to as the “Easeanmall Portal”) we will collect merchants to list goods and services for sale to you directly. We function as an aggregator, which means we will attempt to curate goods and services so you (“Customer”) are able to enjoy a one-stop shop shopping experience and enjoy the promotions that such merchants will run from time to time. We may from time to time add website features and other services (“ Easeanmall Services” or “our Services”) to you.
Please read these Terms carefully before using Easeanmall Services. By using Easeanmall Services, you signify your agreement to be bound by the Terms.
Terms of Sale
The Easeanmall Portal is an internet platform where you may view or place orders to purchase or redeem goods and services (“Products”) listed on the Easeanmall Portal.
1. Our Role
We provide our easeanmall Portal which lists Products that either third parties (“Merchants”) or easeanmall ourselves are offering to sell. You may purchase or redeem such Products and in doing so you agree that the purchase will be subject to the Termsof Sale herein.
2. Acceptable Use and Privacy
The safety of our Customers is important to us and we have in place a set of rules to ensure your protection.
Our Data Protection Rulesexplain how easeanmall collects personal data, how personal data in our possession is treated, your obligations to us when you transact with us and what you agree to consent to when you transact with us. The data protection laws that we comply with includes the Singapore Personal Data Protection Act and the applicable subsidiary legislations, rules, regulations, guidelines, policies and any other directions. Any personal data collected by us may be used in accordance with the data protection laws applicable to easeanmall.
Our Acceptable Use Rulesgovern your use of the easeanmall Portal and our Services. We want to let you know that it is a breach of our Acceptable Use Rulesif you:
· use the easeanmall Portal to accept, transmit or distribute unsolicited bulk data or otherwise send, or facilitate the sending of unsolicited commercial email and mail bombs to any person or system in a way that could be expected to adversely impact our network or facilities, or may potentially encroach on a third party’s intellectual property rights or any rights of publicity or privacy;
· attempt to connect to any third-party systems without prior permission or arrangement or use our Services or easeanmall Portal in a manner which is intended to abuse or to violate the property rights of others; or
· use our Services or easeanmall Portal to conduct any other activities, which in easeanmall view are detrimental to its Customers, Merchants and/or its own operations.
The above are some examples of unacceptable conduct while using our Services and the easeanmall Portal.
Please review our Acceptable Use Rulesand Data Protection Rulesto ensure that you do not breach our rules and do immediately notify us of any unauthorised access or attempted breach of security. If you do not agree with any of the abovementioned rules, you must immediately cease use of the easeanmall Portal.
3. Communications and Other Content
When you use our Services, you may communicate with us and with other Customers or Merchants using the easeanmall Portal. In doing so you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communication be in writing. We reserve the right to remove or edit the content of such communications.
Where we have disclosed any confidential information to you, you are responsible for keeping such information confidential unless with our prior written consent or in situations where disclosure is required by law, regulation, order of court or governmental body.
Where you have disclosed any confidential information to us, you grant easeanmall a non-exclusive, perpetual, irrevocable, royalty free worldwide licence to use such confidential information provided that Customer personal data will be used only in accordance with our Data Protection Rules.
5. Intellectual Property
All content included in or made available through any easeanmall Services, such as text, graphics, logos, images, digital downloads, and data compilations is the property of easeanmall or its licensors. You may not in any way tamper with, reverse engineer or otherwise copy, adapt, lease, lend, distribute, sell, sublicense, or otherwise transfer any the of the easeanmall Portal software or its functionality, all the Intellectual Property rights to which belong to easeanmall or its licensors. You may not copy, sublicense, distribute sell, or publish any of the content of the easeanmall Portal. You may not interfere or attempt to interfere with the proper operation of the easeanmall Portal or the Services. You may not grant or allow access to the easeanmall Portal or Our Services to any person.
To protect our and our partners’ intellectual property, Customers shall co-operate fully with investigations of violations of systems or security networks or security at other sites and with law enforcement authorities in the investigation of possible criminal violations. If you violate any systems and/or network security, note that you may also incur other criminal or civil liability.
6. Our liability
We will do our utmost to ensure that availability of easeanmall Services will be uninterrupted and that transactions will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Also, your access to easeanmall Services may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. You agree that you are making use of easeanmall Services at your own risk, and that they are being provided to you on an “as is” and “as available” basis.
easeanmall will not be responsible for losses that were not caused by any breach on our part, any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), any indirect losses that were not foreseeable to both you and us when you commenced using easeanmall Services, or any losses resulting directly or indirectly including but not limited to:
(a) Customer’s use of or Customer’s inability to use the Services;
(b) Information such as (pricing, shipping, or other guidance) provided to the Customer;
(c) delays or disruptions in the Services;
(d) viruses or other malicious software obtained by accessing or linking to the Services;
(e) glitches, bugs, errors or inaccuracies of any kind in the Services;
(f) damage to Customer’s hardware device from the use of any of the Services;
(g) the content, actions, or inactions of third parties, including items listed using the Services or the destruction of allegedly fake items;
(h) a suspension or other action taken with respect to Customer’s account or breach of the Terms;
(i) Customer’s need to modify practices, content or behaviour as a result of changes to the Terms;
(j) performance or lack thereof by Customer subsequent to any order made by Customer on the easeanmall Portal;
(k) delivery of Products; or
(l) any non-suitability, non-fitness for purpose or non-conformity with description (“Non-Suitability”) or apparent Non-Suitability of any Product.
For purposes of the above, easeanmall acknowledges that easeanmall right to disclaim, limit or restrict Customer’s liability may be prohibited by applicable laws including without limitation to that set out in the Singapore Unfair Contract Terms Act (Cap. 396).
The changes shall take effect on the date specified in the notice. The obligation to give you prior notice does not apply if additions and/or variations are required in an emergency or where it is not practicable to give such notice. Further, we may make amendments for administrative or clarification purposes and include additional terms and conditions governing new Products without giving you any notice.
If you do not accept any addition and/or variation to such terms, you must immediately discontinue operating and close your account on the easeanmall Portal (the “Account”). If you continue to operate the Account after such notification, you are deemed to have agreed to the addition and/or variation without reservation.
(a) You represent and agree that you will not at any time during your use of the easeanmall Services, through any medium, either orally or in writing, including, but not limited to, electronic mail, television or radio, computer networks or Internet bulletin boards, blogs, social media, such as Facebook, LinkedIn, or Twitter, or any other form of communication, disparage, defame, impugn, damage or assail the reputation, or cause or tend to cause the recipient of a communication to question the business condition, integrity, competence, good character, professionalism, or product quality of easeanmall or its stockholders, directors, officers, employees, services or business practices, as applicable, whether by virtue of the Terms or any of the details covered by the Terms, except as follows: your counsel, immediate family, or spouse, when such disclosure is required by a subpoena issued by a court of competent jurisdiction, and except as required by law or order of court. Nothing in this provision shall be read to prohibit regular and commercially reasonable acceptable competitive business speech by you.
(b) You acknowledge that a breach of Paragraph 10(a) above will cause easeanmall to incur substantial economic damages and losses of types and in amounts which are impossible to compute and ascertain with certainty as a basis for recovery by us of actual damages because we cannot know in advance the impact of a breach on easeanmall reputation or business, nor can we readily ascertain what costs easeanmall will incur as a result. Accordingly, if you breach any of Paragraph 10(a), you shall pay easeanmall USD 5,000 or USD 1,000 per day that you remain in breach, which represents a fair, reasonable and appropriate estimate thereof. You agree that the agreed upon sum is not a penalty, but rather a reasonable measure of damages given the nature of the losses that may result from breach.
(c) You also acknowledge that damages alone may not be an adequate remedy for the breach of any of the Terms. Accordingly, without prejudice to such damages, any other rights and remedies easeanmall may have, you acknowledge and agree that easeanmall shall be entitled to the granting of equitable relief (including without limitation to injunctive relief) concerning any threatened or actual breach of any of the Terms.
Terms of Sale
These Terms or Sale apply to any transactions via our easeanmall Portal relating to the sale and purchase of the Products listed on the easeanmall Portal, and to the purchase and/or grant of easeanmall Entitlements (defined below).
1. Our Role
Sale and purchase of Products via the easeanmall Portal. In the course of accessing the easeanmall Portal, you may place orders for Products listed in the catalogues and perform other transactions and, due to certain promotions that we carry out, you may even be redirected to third-party platforms to place orders. We may either facilitate sales directly to Merchants, or alternatively we may sell Products directly, meaning on our own account.
In the case where we facilitate the direct sale of Products from Merchants, easeanmall (i) does not have possession of any Product listed or sold through the easeanmall Portal; and (ii) easeanmall is neither the buyer nor the seller of the listed Products. In such case, easeanmall is not involved in the actual transaction between Merchant and Customer, therefore accordingly, the contract formed at the completion of a sale for the listed Product(s) is solely and directly between Merchant and Customer. Consequently, and for the avoidance of doubt, should you need to request cancellation of your sale or a refund, such request must be made directly to the Merchant. We do not take responsibility for communicating to Merchant any request made by you to us.
In the alternate case where we sell Products directly to Customer on our own account, the contract formed at the completion of a sale for the listed Productis between us and the Customer.
In either case above, we are not responsible for examining or evaluating, and we do not warrant the offerings of Products.
Where we facilitate the direct sale of Products from Merchants, easeanmall does not assume any responsibility or liability for the actions, product, and content of all of these or any other third parties. We may share your information related to your order with the respective Merchant(s). You should carefully review their privacy statements and other conditions of use.
Promotions: Sale and grant of easeanmall Entitlements. In the course of accessing the easeanmall Portal, you may receive entitlements or sets of entitlements that will be described to you more particularly when they are offered to you (“easeanmall Entitlements”). These easeanmall Entitlements may be either offered to you for purchase, or granted to you free-of-charge. These easeanmall Entitlements may be packaged individually or in predetermined customized sets and may be described by us using various descriptors and names such as “points”, “tickets”, etc. These easeanmall Entitlements may be used in different ways including without limitation to redeeming Products via the easeanmall Portal or such other uses which will be determined by us and described to you. These easeanmall Entitlements are subject to an expiry period notified to you after which you will lose the easeanmall Entitlements even if you have not utilised them. You should be aware of the expiry date of your easeanmall Entitlements and whether they may be extended, and if so, under what terms and conditions.
You acknowledge that easeanmall does not maintain any license issued pursuant to the Payment Systems (Oversight) Act and at the present moment does not intend to maintain licences pursuant to the upcoming Payment Services Act 2019. easeanmall intends to operate without such licensing unless required to do so.
2. Pricing, Availability and Information relating to Products listed on the easeanmall Portal
We list available information for Products displayed on the easeanmall Portal. If the Product is unavailable, and you are ordered such Product for yourself, we will endeavour to inform you by e-mail as soon as possible, and you will not be charged for the Product.
Please note that unless otherwise stated, delivery estimates are just that. They are not guaranteed delivery times and should not be relied upon as such.
Despite our best efforts, a number of the items in our catalogue may be mispriced. If we have made a mistake, please contact our support staff.
In the case where easeanmall is not the manufacturer or seller of the Products displayed on the easeanmall Portal, we will work to ensure that Product information on the easeanmall Portal is correct, but you accept that actual Product packaging and materials may contain more or different information to that displayed on our website. All information about the Products on the easeanmall Portal is provided for informational purposes only and are not intended to be binding.
3. Pricing, and Information relating to easeanmall Entitlements
We will provide appropriate information for easeanmall Entitlements as and when they are offered to you.
4. Our liability
You agree to waive the right to bring any claim against easeanmall or any Customer or Merchant arising (i) from the sale and purchase of Products listed on the easeanmallPortal; (ii) from the sale, purchase and grant of easeanmall Entitlements; and (iii) out of or in any way relating to these Terms of Sale, more than one (1) year after our Services are discontinued, expired, terminated or otherwise ceased, or one (1) year after the date of the occurrence of the event giving rise to the basis of a claim, whichever the earlier date. In the latter case, where an event is not an instantaneous event but occurs over a period of time, or if the basis of a claim arises from a series of events, then the one (1) year period shall be deemed to commence from the first day of such event, or the first day of the first event of such series, respectively.
easeanmall total liability to Customers in the aggregate with respect to all claims arising from or related to the subject matter of theseTerms of Sale (including attorney’s fees) will not exceed the lowest of the three figures as follows: (i) the amount actually paid by Customer to easeanmall for the three (3) month period immediately preceding the month in which the first claim arose or the price of a product; (ii) the price of one unit of such Product (in the case where the claim arises in respect of the Customers’ purchase of a product); or (iii) USD 5,000.
In the event you breach any of the Terms of Sale, you agree to indemnify easeanmall all costs, expenses, disbursements, expenditures, outlaws, overheads, outgoings, and any other amounts incurred by easeanmall on a full indemnity basis promptly upon easeanmall request.
Some delivery may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you as we have not control over those charges. Customs policies vary widely from country to country, so you should contact your local customs office for further information.
Additionally, please note that when you submit orders to easeanmall you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the Products. Your privacy is important to us and we would like our international customers to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.
6. Right of Cancellation & Refund of Products listed on the easeanmall Portal
easeanmall may sell to you Products from third parties or on its own account. Where easeanmall sells to you Products from third parties, Customers will be subject to the respective Merchant’s cancellation and refund policies (if any and where applicable). Where easeanmall sells to you Products on its own account, you may request for (a) cancellation of your order of a particular Product within seven (7) days from the date you placed an order for the Product and / or (b) refund within seven (7) days from the date you receive the Product ordered via the easeanmall Portal (“Cancellation Deadline”). However, we reserve the right to accept or reject such requests made within the Cancellation Deadline at our sole and absolute discretion. Where applicable, refunds may be granted upon receipt of the Product in question in good condition. In any case, we reserve the right to accept or reject such requests made within the Cancellation Deadline at our sole and absolute discretion. Where applicable, refunds may be granted upon receipt of the Product in question in good condition.
We are not responsible for examining or evaluating, and we do not warrant the offerings or policies of, any of the Merchants. easeanmall does not assume any responsibility or liability for the actions, product, and content of all of these or any other third parties. You should carefully review their cancellation and refund policies.
You must inform us of your decision to cancel your order promptly through the easeanmall Platform. Then, you must send back the Products in strict compliance with the instructions we provide (if any) no later than the Cancellation Deadline. You will have to bear direct and indirect costs of returning these Products. You will be liable if the value of the Products returned diminishes due to the handling of the Products (except when it was necessary to establish the nature, characteristics and functioning of the Products).
For additional information on the scope, content and instructions for the exercise, please contact us.
For purposes of Products that are physically delivered, upon our acceptance of your request for cancellation and our receipt of all cancelled Products in the condition delivered to you within the Cancellation Deadline to our satisfaction, we will reimburse all payments received from you for the Products purchased and we may, at our sole and absolute discretion, also reimburse delivery charges for the least expensive type of delivery offered by us, no later than 7 days from the day on which we receive the above communication. Note that any easeanmall Entitlements already consumed is not eligible for return. Where refund is effected by us, it is preferable that we will use the same means of payment as you used for the initial transaction, unless you have initially expressly indicated otherwise. We may withhold reimbursement until we have received the Products back or you have supplied evidence of having sent back the Products.
7. Right of Cancellation & Refund of easeanmall Entitlements
When easeanmall Entitlements are granted to you free-of-charge, such easeanmall Entitlements can only be used in the manner described to you.
When you purchase easeanmall Entitlements, these purchases include a sixty (60) day full refund option from the date of purchase of the Entitlements.
When you use easeanmall Entitlements, such use is irrevocable and may not be rescinded under any circumstances except at our sole and absolute discretion.
In the event that we are made aware that the easeanmall Portal will be discontinued, easeanmall will endeavour to provide all Customers with a notice of such closure of at least one (1) month. In such event, Customers are therefore strongly encouraged to use up all easeanmall Entitlements before the easeanmall Portal is terminated.
- any information and personal details you provide us with through forms on the Website, email, physical correspondence and forms, and via any other means, and may include information such as your name, address, telephone number, job title, credit card information and debit card information;
- your preferences and use of email and physical correspondence updates, as recorded by emails that we send you (if you elect to receive email updates on our products and offers); and
- the IP Address used by you in the course of you accessing the Website, the IP Address being a string of numbers unique to the device used by you when you request any page or component of the Website, that is recorded by our web server. This information may be used to monitor your usage of the Website.
- will be handled in accordance with Relevant Data Protection Laws, without limitation to: the sharing of such personal data with service entities that may or may not operate within Singapore or in any case within the legal jurisdiction of which such personal data is collected, and you expressly consent to the transfer of personal data to such service entities;
- may be used to deal with you, your employer, your business, your employer’s or businesses’ employees, officers, agents, consultants and other representatives (collectively referred to as the “Relevant Parties”);
- may be used to make sales to and contracts with the Relevant Parties and providing after-sales service to the Relevant Parties;
- may be made available to current and potential users of the Website, in addition to information about the web pages on the Website that you have visited;
- may be used to send to youinformation on our products and services;
- may be forwarded to third parties for administrative purposes. We use third parties to carry out certain activities, such as processing and sorting data, monitoring how customers use the Website and issuing our emails. For these purposes your personal data may be transferred to a jurisdiction outside your residence or place of business. For example, your personal data may not be stored in Singapore and may not be processed within Singapore; and
- may be used to enhance the website experience for other users of the Website.
- . Where a Customer intends to purchase a Product that is offered by a Merchant, Customer may select to offer to a relevant Merchant to purchase (“Offer” for purposes of this clause 2.1(b)) such Product (“Offered Product” for purposes of this clause 2.1(b)) and subject to the Offer being compliant to the rules (“Rules”) and policies (“Policies”), and subject to easeanmall sole and absolute discretion, such Offer shall be forwarded to the relevant Merchant for their consideration, rejection, acceptance, counteroffer, or otherwise. The Merchant offered may select to accept or reject such purchase orders at its sole and absolute discretion whereupon such Merchant may submit its confirmation to Customer.
- . Further to clause (b), where a Customer intends to purchase a Product that is offered by easeanmall, Customer may select to offer (“Offer” for purposes of this clause 2.1(c)) such Product (“Offered Product” for purposes of this clause 2.1(c)) and subject to the Offer being compliant to the Rules and Policies, and subject to easeanmallsole and absolute discretion, easeanmall may accept or reject such Offer whereupon easeanmall may notify the Customer of such acceptance or rejection, as the case may be.
- . easeanmall isnot responsible for examining or evaluating, and doesnot warrant the offerings or policies of, any of the Merchants. easeanmall does not assume any responsibility or liability for the actions, product, and content of all of these or any other third parties. You should carefully review their cancellation and refund policies. Any request for cancellation or refund must be made directly to the Merchant and easeanmall does not accept any request to notify any Merchant of any communication made to us. Note that any easeanmall Entitlements used by you in respect of such cancelled or refunded Product will not be returned.
- . Portal Services.
- .may sell or grant free-of-charge entitlements, some of which may be subject to restrictions, at easeanmall sole and absolute discretion (“Entitlements”).
- (a) Customer’s use of or Customer’s inability to use the Portal Services; (b) pricing, shipping, format or other guidance provided to the Customers; (c) delays or disruptions in the Portal Services; (d) viruses or other malicious software obtained by accessing or linking to the Portal Services; (e) glitches, bugs, errors or inaccuracies of any kind in the Portal Services; (f) damage to Customer’s hardware device from the use of any of the Portal Services; (g) the content, actions, or inactions of third parties, including items listed using the Portal Services or the destruction of allegedly fake items; (h) a suspension or other action taken with respect to Customer’s account or breach of this Agreement; (i) Customer’s need to modify practices, content or behaviour as a result of changes to this Agreement; (j) performance or lack thereof by Customer subsequent to any order made by Customer on the easeanmall Portal; (k) delivery of Products; or (l) any non-suitability, not fit for purpose or non-conformity with description (“Non-Suitability”) or apparent Non-Suitability of any Product.
- . FOR THE CASE WHERE PRODUCTS ARE OFFERED TO MERCHANTS AND SOLD BY MERCHANTS TO CUSTOMER: NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, easeanmall ‘S TOTAL LIABILITY TO CUSTOMER IN THE AGGREGATE FOR THE ENTIRE TERM (AND REGARDLESS OF WHETHER THE CLAIMS ARE BROUGHT DURING OR AFTER THE TERM) WITH RESPECT TO ALL CLAIMS ARISING FROM OR RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT (INCLUDING ATTORNEY’S FEES) WILL NOT EXCEED THE LESSER OF USD 100 OR THE PRICE OF ONE UNIT OF THE PRODUCT FOR WHICH THE CLAIM AROSE.
- . FOR THE CASE WHERE PRODUCTS ARE OFFERED TO easeanmall AND SOLD BY easeanmall TO CUSTOMER: NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, easeanmall ‘S TOTAL LIABILITY TO CUSTOMER IN THE AGGREGATE FOR THE ENTIRE TERM (AND REGARDLESS OF WHETHER THE CLAIMS ARE BROUGHT DURING OR AFTER THE TERM) WITH RESPECT TO ALL CLAIMS ARISING FROM OR RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT (INCLUDING ATTORNEY’S FEES) WILL NOT EXCEED THE LESSER OF THE AMOUNT ACTUALLY PAID BY CUSTOMER TO easeanmall AND THE PRICE OF ONE UNIT OF THE PRODUCT FOR WHICH THE CLAIM AROSE.
- . Without prejudice to any provision herein, Customer hereby represents and warrants that Customer will use the Portal Services and use any Products purchased by Customer subject to the following terms:
- . Customer shall co-operate fully with investigations of violations of systems or security networks or security at other sites and with law enforcement authorities in the investigation of possible criminal violations. If Customer violates any systems and/or network security, Customer may also incur other criminal or civil liability.
- . To the extent that easeanmall provides any Personal Data to Customer or Customer processes any Personal Data on behalf of easeanmall (referred to in this Clause 4.17 collectively as “easeanmall Data”), Customer must comply with all applicable laws in all jurisdictions, including but not limited to the Singapore Personal Data Protection Act (No.26 of 2012) (collectively referred to in this Clause 4.17 as the “Relevant Data Protection Laws”), and the terms of this Clause 4.17. For the purposes of this Clause 4.17, “Personal Data” means: (a) any data, whether true or not, about an individual (whether living or deceased) who can be identified: (i) from that data, or (ii) from that data and other information to which the organisation has or is likely to have access; and (b) any data defined by any legislation, subsidiary legislation, rules, regulations, directives, guidelines, policies or any other legal or quasi-legal regulations (“Relevant Legislation” for purposes of this Clause 4.17) to be personal data and subject to regulation by such Legislation.
- . Customer will Process easeanmall Data solely and to the extent necessary for the purposes of providing the Products specified in this Agreement and pursuant to easeanmall instructions. Customer will not process easeanmall Data for any other purpose unless authorised by easeanmall in writing.
- . Customer will not transfer or disclose easeanmall Data to any third party or outside Singapore without easeanmall express written permission, which may be given subject to such conditions as easeanmall considers appropriate. In the event Customer transfers easeanmall Data to any party outside Singapore, the Customer represents and warrants that easeanmall Data so transferred will at all times be accorded a standard of protection at least comparable to the protection provided under the Relevant Data Protection Laws. Customer warrants that it would comply with all data protection laws applicable to Customer in relation to Customer’s collection of personal data.
- . Upon written request of easeanmall or upon the termination or expiry of this Agreement, Customer shall at the option of easeanmall, return or destroy all easeanmall Data in its possession or control as a result of this Agreement.
- . Customer represents and warrants that reasonable security arrangements have been made to protect personal data in its possession or under its control in order to prevent unauthorised access, collection, use, disclosure, copying, modification, disposal or similar risks throughout the term of this Agreement.
- . Customer must immediately notify easeanmall in writing of any breach of its obligations under this Clause (including any unauthorised disclosure of easeanmall Data by any third party) and fully co-operate with easeanmall in relation to any such breach.
- . Withoutlimitation to any other Clause, you consent to easeanmall disclosing to any Merchant (referred to in this Clause 4.18 as the “Relevant Merchant”) that Customer has made any Offer under Clause 2.1(b) and 2.1(c) and any service provider that the Relevant Merchant may contract with in the course of delivering the relevant Products to the Customer (referred to in this Clause 4.18 as the “Relevant Service Provider”), including without limitation to logistics service providers, insurance brokers, insurers:
- . Under no circumstances shall easeanmall be held liable for any delay or failure or disruption of the content or services delivered through the Portal Services resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or material, fire, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties.
- . It is the intent of the parties that no payments or transfers of value by Customer: (a) in connection with this Agreement or (b) relates to a matter connected with the subject matter of this Agreement; shall be made that have the purpose or effect of public or commercial bribery, or acceptance of or acquiescence in, extortion, kickbacks, or other unlawful or improper means of obtaining business. Customer hereby represents, warrants, and covenants that Customer and Customer’s Affiliates are fully aware of the provisions of the United States Foreign Corrupt Practices Act (referred to in this Clause as “FCPA”), 15 U.S.C. §§78dd-1, et seq., as amended regarding, among other things, payments to government officials, and that Customer and Customer’s Affiliates will use, have used, procure, purchase, obtain the Portal Services in compliance with the FCPA and all other applicable international, federal, state and local laws, including but not limited to all bribery and corruption laws in all relevant jurisdictions in which Customer, Customer’s Affiliates and easeanmall operate in.
- provisions of this Agreement.
- You shall not make, or cause to be made,any representation to any person that benefits will accrue under the Company’s scheme or arrangement (“Scheme”) in a manner other than as specified hereunder:
- You shall, in respect of any representation relating to the actual or potential accrual of any benefit under the Scheme, make all representations based on the records of benefits that we provide to you from time to time.
- You shall not, and shall take reasonable steps to ensure that you, or such other participants in the Scheme recruited by you, do not —
- knowingly make, or cause or permit to be made, any representation relating to the Scheme or to the Entitlements which is false or misleading;
- knowingly omit, or cause or permit to be omitted, any material particular relating to the Scheme or to the Entitlements;
- knowingly engage in, or cause or permit, any conduct that is misleading or likely to mislead as to any material particular relating to the Scheme or to the Entitlements; or
- in promoting the Scheme or the Entitlements, use, or cause or permit to be used, fraud, coercion, harassment, or unconscionable or unlawful means.
- You agree to indemnify, hold the us harmless against and pay all losses, costs, damages or expenses, whatsoever, including counsel fees, which we may sustain or incur in respect of any breach of any of your obligations hereunder. You shall defend any claim made by any party against us at your expense. We shall be entitled to participate in the defence at our own expense.