Terms of Use

The Terms of Use is a legal document that binds the customer and the company.  We advise you to read the Terms of Use before registering with TheFeMall. By browsing through the website, you are henceforth legally accepting and complying with the Terms of Use of the company. The Terms along with Terms of Sales, Disclaimers, Guidelines and Notifications and other Privacy Policies administer your relationship with TheFeMall and our Website.

These Terms of Use is mentionedin the http://www.thefemall.com/ and Mobile Application under the name TheFeMall and is conceptualised between TheFeMall Online Retail & Ecommerce Trading FZC, referred as TheFeMall, Us or We and the Users referred as You, Your or User.

The company’s Mobile App will contain additional terms and it will be applied if you access the services offered through the Application. The additional Terms are mentioned in the Website Terms of Use for reference.

  1. General

Our Registered Office address is “The FeMall Online Retail & E Commerce Trading FZC, PO Box 327832, Ras Al Khaimah Free Trade Zone, RAK, United Arab Emirates 
License Number : 5012338”.
TheFeMall is an online shopping network that is limited to encouraging users to buy ‘Products’ and ‘Services’ (including visit to the website) listed in the website.

1.1   The contents in the website as well as the terms and other policies are subject to change without prior notice. We request you to regularly go through the current terms and comply with the same. Your continued use of the website and mobile application will denote your acceptance of the changes.

1.2   During conflicts the following will get preference over the other (only extended to the conflicts);

  • Privacy Policy – Conflict between Privacy policy and any other Agreement
  • Additional Service Terms – Between Additional Service Terms and other Terms of Use
  • Seller Agreement – Between any other Terms of Use and Seller Agreement
  • Terms of Use – Between Guidelines, Disclaimers and Notices and Terms of Use

2. Services

2.1 This website is an electronic/ e-commerce platform in the form of marketplace that acts as an intermediator between the buyers and the sellers. It provides a platform to the sellers who can advertise and offer to sell their products to the users and receive payment for such sales. It also provides a platform to all the buyers to accept the offer to sell from such seller and make payment for their purchases.  There are various modes like discount coupons and voucher through which the services can be offered to the Users.  

3. Eligibility to Use

3.1 These services are not meant for minors who are under the age of 18 or to any such users who have been suspended or banned from TheFeMall.com for whatever reason. If you are not allowed with reference to the precious sentence then You will not be permitted to take benefit of the Website services or even to use the website. You accept that you are of the legal age to participate in a required contract and are not a person who is disqualified from receiving the Services under the law. If you are a minor (below 18years) then please go through these Terms of Use with your guardian or parents, in case of you being minor the Terms of Use contract will be deemed to be a contract between Your guardian/Parent and TheFeMall.com.

3.2 TheFeMall.com has all the rights to deny access to the new Users to use the services of the Website or also to terminate the access allowed to the already existing Users anytime without any reason.

3.3 You are not allowed to have more than one active account on the Website and you are also disabled from selling or transferring your account on Website to any other person.

4. Security – Accounts and Passwords

4.1   You shall have access to the website as guest user (limited access) and registered user.

4.2 Registered Users shall have complete access to TheFeMall Website. You shall have to create a Log in ID and Password and provide information such as name, address, phone number etc. These are collectively known as Account Information.

4.3   You shall be completely responsible for the confidentiality of your User Account. If any unauthorised access is observed, we advise you to immediately notify TheFeMall and change your password for better security purpose. We advise you to log out after each session. TheFeMall shall not be held responsible for the losses incurred by you through unauthorised admission. You shall bear loses faced by TheFeMall or any other user or visitor due to your failure in keeping your account secure and private.

4.4   You shall provide complete and valid account information during registration process.

4.5   If you forge information or provide inaccurate and false data, TheFeMall has all rights to suspend or terminate your account as a result of suspicious account entry. You shall also be permanently restricted from using our products and services.

4.6   Guest Users shall have limited access to the website services. You will be able to browse, select products and place orders but shall be constrained from enjoying additional benefits and offers that are exclusively reserved for Registered Users.

4.7   Depending upon nature of the facilities you wish to avail from the website, TheFeMall might collect certain personal information. The information provided by you shall be strictly governed by TheFeMall’s Privacy Policy.

5. Payments Terms

5.1   Currently, TheFeMall does not charge any fee for browsing through the website. However, we might charge certain fee for particular services and features in the website/ app used by the user. We will ensure to notify you about the chargeable features/ services and the amount payable. TheFeMall at any given time shall change the payment structure and fee without prior notice. Your continued use of the website denotes your acceptance of the aforementioned changes.

5.2   You shall provide accurate and valid Debit/ Credit card and Net Banking Details while purchasing our products. The bank instruments/ accounts should be legally owned by you and should not be forged. We ensure you that the details provided by you shall not be shared to any third-party unless an authenticated and legal verification is required against you as per to the company’s Privacy Policy. We shall not be held responsible if an external third party accesses your account and uses your bank instrument details.

5.3   TheFeMall shall not be held responsible for any loss occurred directly or indirectly when using your bank instruments while transacting with us. We shall also be not held responsible for a declined authorization of your credit or debit card.

5.4   The Terms and Conditions enforced by your bank or financial institution shall also be applicable to you while making payments or buying products from our website. However, we shall not be held liable if your bank declines your payment while buying products from our website. 

6. Roles and Obligations

6.1   As defined by the law, TheFeMall offers you a revocable, non-transferable, non-exclusive and limited access of the website and services and your permission to use the Website, Content and Services of the company limits to the purposes defined in the Agreement(s) including this Terms of Use.

6.2   You shall agree to not use or replicate any of the products and services (including catalogues, brochures)

6.3   You shall use the website for told purpose only. You shall not make use of any software, device, algorithm, coding or any other source to process the data in the website. You shall also not copy, replicate or reproduce any content of the website to obtain or use certain information that is not made available for you.

6.4   If you come across contents that do not conform to the clauses mentioned in the Agreement and Terms of Use, you shall have all rights notify us.

6.5   TheFeMall may allow you to post comments, update reviews, ask questions, and submit suggestions and rate products relating to the products and purchase. These are collectively known as User Contents. You shall be the sole in charge for the User Content. You shall update these contents within the limitations made by the law and acknowledge the same. TheFeMall shall not endorse any of the User Content and shall not be held liable for the same. TheFeMall has all rights to access User Content on the website.

6.6   You hereby endow an all-inclusive superior right to TheFeMall to endorse, copy, display, distribute, promote, adapt and modify and use the User Content. By posting the User Content, you hereby accept the data provided by you is a) accurate b) valid c) lawful and d) does not breach the Terms of Uses.

6.7   You conform to the fact that TheFeMall is an electronic platform where goods are sold via electronic modes. It is an electronic shopping venue with electronic aisle and promotions. TheFeMall allows third party advertiser to promote and advertise their products and services. However, we shall not be held responsible for the contents published by the third party. TheFeMall’s liability limits to our products and service’s quality, warranty, timely delivery and payment.

6.8    By using the website you agree not to publish, modify, adapt, upload, display or host any content that;

  • Does not belongs to you or belongs to another user
  • Is harmful, hurting, suspicious, irrational, unethical, political, blasphemous and offensive, involves illegal references, pornography and adultery and invades other’s privacy.
  • Threatens the citizens, security and sovereignty of the Nation, promotes disputes in nationality, trespasses patents, copyrights and trademarks.
  • Contains harmful electronic parasites like malwares and viruses
  • Promotes hacking and phishing and destructs the smooth operation of the web networks and services or computer resources
  • Is deceitful and misleading to the operators or any other users
  • Tries to provoke or gain access illegally to any division or sub division of the website with the sole purpose of disrupting the functionality of the company, system, server and services offered.
  • Infringes the Code of Conduct set by the company website in relation to any product displayed
  • Violates the laws and regulations formed in or outside the country and infringes the whole Agreement all together
  • Scans and tests and evaluates the coding and operation of entire network system of the website. You shall also not trace, search or look up for security data stored in the network such as other user account details, bank details or any data or information not owned by you.
  • Hacking and gaining unauthorized access for collecting security information such as passwords and card details
  • Use the website and its contents for personal work that is unlawful and does not comply with the Agreement and Terms of Use. Use the website to conduct illegal activities constrained by the Policy
  • Delete or modify any source of code of authors without legal notice or against the agreement formed.

6.9    You shall accept your responsibility if a breach of contract is made in the Agreement and shall face the consequence

6.10  You shall be responsible to install the prerequisite software, device and internet connection to run the website and mobile app

6.11  You shall not resell the products, gift vouchers and coupon codes

6.12  You may need to install the regular updates provided for the web/ mobile application to run smoothly.

6.13  TheFeMall reserves all rights to constrain you from reselling, re distributing and bartering the products brought from the website. Bulk orders shall be processed only when met with specific criterion set by TheFeMall. It may be cancelled without any notice and explanation.

6.14   To identify fraudulent Bulk Order, TheFeMall has formed certain parameters;

  • Products ordered for commercial purpose
  • Multiple orders placed for the same product from the same address
  • Any infringement while placing order
  • Any suspicious order (defined by the company)
  • Invalid account information
  • Exclusive products ordered in bulk

6.15  TheFeMall might have to cancel certain orders which we are unable to process due to various technical and nontechnical issues. Prior information will be sent to you.

6.16  Multiple orders but one address may or may not be delivered at the same time;it relies upon the product testing time and shipment. If buyer wishes to get products delivered on different address, it is advisable to make different transactions for different addresses. You also agree that the delivery be handed over to the person residing at the address.

6.17  By agreeing to the Terms of Uses, you additionally confirm that you are not a member of a terrorist group or support any such activities and you are not listed in the restricted parties mentioned by the US Government.

7. Use of Content

7.1 TheFeMall.com gives you a revocable, non exclusive and non-transferable right to view, save, take put the print out of products and download the products available on the Website, but subjected to the following conditions:

  • You will use the product catalogs only for the purpose of personal and informational use as per these Terms of Use;
  • You will not make any type of modification to the product catalogs available on the Website and
  • You will not remove any copyright, text or trademark mentioned on the product catalog of the Website.

7.2 The above rights are granted to you but the same will not be applicable in case of the layout, design as well and look and feel of the Website as such things are covered under the intellectual property rights of the website and therefore you can’t imitate or copy it.

7.3 Any kind of software that is present on the website belongs to TheFeMale.com or its Sellers. Yu have no right and thus you can’t download, use or install any such software available on the website, except that you have its written permission by TheFeMall.com.

8. Intellectual Property Rights

8.1 Any logos, service marks, text or trademarks presented on the Website belong to TheFeMall.com or their sellers/vendors. You are not allowed to use such Marks without prior approval of TheFeMall.com, its sellers/vendors or any third party that own those Marks.

8.2 The Website and their arrangement and selection, including but not being limited to the text, sounds, artwork, user interface, graphics (all collectively known as “Content”) on the Website is the property of TheFeMall.com and is also controlled by the same. Also the design, look and feel of the website, the structure of the content is copyrighted and also protected by various other intellectual property rights. TheFeMall.com has all the rights to change, remove or modify the content of the website from time to time.

9. Third Party Content

9.1. The ‘Third Party Content’ collectively called for product information, brochures, dealer lists, news, blogs and advertisements, images, videos and photographs are made available on the website. The Third Party Content is for general information purpose only and is obtained for reliable sources on an ‘As is’ basis.  TheFeMall shall not be held responsible for losses incurred from the ‘Third Party Content’.

9.2    You shall enter or access any external website link mentioned in a Third Party Content at your own risk. You shall not hold the company liable for any loss or gain incurred from these external websites. Furthermore, TheFeMall does not promote or represent these Third Party websites.

10. Liabilities and Warranties Terms

10.1   TheFeMall guarantees that the contents of the website, its products and services or any third party content  is provided on an ‘As IS’ basis without warranting any kind of expression or implication or statutory disclamation. TheFeMall also makes no claims or guarantees that,(i) the website products and services offered will fully meet your requirement, (ii) the use of the website and the services will be interruption free, secure and error free, (iii) you shall always have your expecting quality and efficacy from the website, or (iv) any defects or problems will be rectified as per to your expectations. Any information or notification, written or said orally by TheFeMall shall not be defined as a warranty against the company.

10.2   TheFeMall does not take any liability related to user content, third party content and trespassing under Intellectual Property Rights formed and Applied by the Law.

10.3  You explicitly understand and acknowledge that TheFeMall shall not be held responsible for any loss incurred by you as a result of unauthorised malpractice with your website’s User Account, with or without your consent.TheFeMall ensures that all the information and data published on the website is precise but does not give first hand warranty of its accuracy, completeness and quality of the content, data or information.

10.4  TheFeMall shall not be held liable for the functionality of the website’s networking or software and also shall not be held responsible for network interruption or downtime while the website is being restored or under periodic maintenance. The user shall not hold TheFeMall responsible for any loss incurred after downloading data or images from the website.

10.5  TheFeMall shall not be held responsible for errors made by any third party including wrong and inaccurate information given on the website.

10.6  It is advisable to contact the Mobile App store provider in the event of any failure to download the application from Play Store, Google .Inc, Blackberry or Itunes etc. The store provider shall not hold TheFeMall liable for such losses, claims and liabilities, any third party infringement or any consumer claims and complaints.

11. Indemnification and Limitation of Liability

11.1 You agree to cover, indemnify and hold TheFeMall.com, its affiliates, agents, its subsidiaries as well as their officers, employees, directors and contractors (referred as “indemnified parties” hereafter) absolutely harmless against any losses, claims, liabilities, penalties, interests, damages and expenses (which also includes the legal fees) which may arise due to (i) Your breach of Agreement or (ii) any claims that is made by the third parties because of using the website or (iii) any such claim that the damaged is caused to the third party because of any content or information provided by you to the third party or (iv) Violation of your intellectual property rights.

11.2 TheFeMall.com may bring into your notice about the claims that you have to indemnify TheFeMall.com against. You will then have to discuss with TheFeMall.com regarding the course of action you need to take for defending such claim. You will not admit any kind of liability on the part of TheFeMall.com without its prior written consent and it can also be denied by TheFeMall.com as per its judgment.

11.3 Anything opposing to this Agreement, TheFeMall.com entire liability to you related to these Terms of Use shall not go beyond the amount of INR 100 or the fees amount.

11.4 Despite anything opposing this Agreement, in no circumstances shall TheFeMall.com, its affiliates, subsidiaries, officers, employees, directors and partners would be liable to You for any kind of special, indirect, incidental damages, including those also that results from the loss of use,  which was or not predicted by TheFemall.com

12. Terms

12.1 This Agreement will continue to be valid till the time it not ended either by You or TheFeMall.com. If in any case you want to end this Agreement then You can do it either by (i) not using the website; or (ii) closing you Accounts of the Services that you use on TheFeMall.com.

12.2 You also agree and acknowledge that The FeMall.com have all the rights to anytime restrict your access to the Website without any former notice and block your further from using the Website if it is found that you have dishonored the conditions of these Terms of Use. You also agree that any violation of terms by you will cause irrevocable harm to TheFeMall.com, for which you will be liable to pay the monetary damages, and you give your consent to TheFeMall.com for receiving fair relief which is considered necessary under such circumstances. 

12.3 TheFeMall.com in addition to the above clause 12.2 may at any time without or with notice end these Terms of Use (or just of portion of it) with you if:

  • TheFeMall.com needs to do so by the law or is requested by the law or jurisdiction or the government agencies;
  • As per TheFemall.com, the terms of services provided to you is no more commercial practically;
  • TheFeMall.com chooses to terminate, the access to the website, the services, with or without any reason;
  • If theFeMall.com faces any kind of technical issues which stops the working of the website or its services.

12.4 TheFeMall.com also reserves all the rights to terminate or temporarily or permanently suspend your access to the services of the Website without any reason. If this is done, following things may include (i) ban to access the offerings and services of the website (ii) not allowing access to your Website account including your Personal information and login id and password and all the information associated with the website account (iii) disabling further use of the website and its services.  

12.5 You also accept that any such terminations made by TheFeMall.com will be its own judgment and thus it will not be liable to You or any other third party for such termination of your account from the Website or ban from accessing its services.

12.6 Despite of the above terms, these Terms of Use will not get terminated until TheFeMall.com chooses to terminate them. TheFeMall.com may contact the sellers who have accepted the Purchase order from the website and inform that the Agreement is ended and the Sellers can then cancel the Purchase order. TheFeMall.com also reserves the right to cancel your in completed orders without having any obligation towards you.

13. Law and Jurisdiction

13.1 You accept that any differences, claims or disputes that arises with reference to the Website or these terms of use or for any transaction that arises in the course of using the Website or in relation to you and 

14. Report Abuse and Take down Policy

14.1 If in anycase you find that there is any violation of the mentioned Terms of Use or if there is any objectionable content on the website that comes to your notice or if you think that your rights for intellectual property have been dishonored by the website in anyway, then please go through TheFemall.com Infringement Policy.

15. Communications

15.1 When you access the Website, share information or communicate via emails to TheFemall.com, you accept and understand that you are communicating withTheFeMall.com through electronic records and you also agree to receive all type of communications via electronic records from TheFeMall.com time to time. If there is any notice then TheFeMall.com will correspond with you by mail or by present the same on the website or electronic records or on your mobile number to the maximum limit permitted by the applicable law.

16. General Provisions

16.1 Notice: All the notices relates to TheFeMall.com Terms of Use shall be informed to you either via email or by a presenting a general notification on the Website.  If you want to send any notice to TheFeMall.com regarding these Terms of Use then you can send the same via email to the Grievance Officer at grievanceofficer@thfemall.com

17. Information and Feedback

17.1 Any information or feedback that you provide to TheFemall.com shall be non-confidential. The website is absolutely free to use the information provided by you. When you submit any feedback, you signify that (i) the feedback do not contain any such information that is confidential by nature; (ii) TheFeMall.com is not under any compulsion of confidentiality with respect to the feedback, either implied or express; (iii) TheFeMall.com might already have something same under the consideration similar to the feedback and (iv) You will not be provided with any kind of compensation from TheFeMall.com for any kind of feedback. 

17.2 Based on such feedback, TheFeMall.com can anytime make changes to the services and content of the Website. However it is not necessary that such change will definitely take place based on your feedback. If any changes are made on the website on the basis of your feedback then in that case also you won’t have any rights to claim for such modifications on the Website.   All such right including the intellectual property rights to these changes to the Website services and content are assigned to TheFemall.com in perpetuity.

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