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Terms and Conditions

Welcome to Obrapamall.com (the “site”) is a multipurpose vendor online marketplace (Electronic Mall). By accessing any data, content, tool or application on the website, you confirm your understanding of the Terms and Conditions. If you do not agree to these terms, please do not use this platform.

These Terms of Conditions shall be a legally binding agreement between the User and Administrator, which is subjected to the provision of usage of the platform. The Administrator reserve the right to change the Terms and Conditions at any time by publishing the new Terms and Conditions on the platform with no other notice provided. Any new feature or tools update to the current services shall also be subjected to this Terms of Service. Your continued use of the Site following the posting of changes to these Terms and Conditions of use constitutes your acceptance of those changes.

Administrator or Us or We: Content and Platform Administrator that exercise sole control over the E-commerce platform which renders Services to the Users.

User or You or Your or Vendor: Person eligible to act, transact and conclude an agreement on the platform. User may also act on behalf of the company that provide goods and services with the necessary permission granted.

Account Terms

To access and use the service and resources, you must first be a registered member (Obrapamall Account) by furnishing your fully Legal name, phone number, current address and a valid email address and any other pertinent information indicated as required. Obrapamall may reject your application for an account, or cancel existing subscription, for reasons in our sole discretion.

You acknowledge that Obrapamall will use the email address you provided on your account opening or as update by you from time to time as the primary method for communication with you. If we need to reach you, we will send you an email.

You are responsible for keeping your password safe and secured. Obrapamall cannot and will not be liable for any loss or damage from your failure to keep and maintain the security of your account and password.

You are responsible for all activity and content on your account such as photos, videos, images, graphics, written content, audio files, information or data uploaded, collected, generated, stored, displayed, distributed and transmitted in connection with your account.

A breach or violation of any Term in the Terms of Service in the sole discretion of Obrapamall may result in an immediate termination of your Services.

Account Activation

Person signing up for the Service by opening an account on Obrapamall will be the contracting party (“VENDOR”) for the purposes of our Terms of Services and will be the person who is authorized to use any corresponding account we may provide to the VENDOR in connection with the Service.

If you are signing up for the Service on behalf of your employer, your employer shall be the VENDOR. If you are signing up for the Services on behalf of your employer, then you are obliged to use your employer-issued email address and you represent and warrant that you have the authority to bind your employer to our Terms of Service.

All dormant account for the duration of 90 days will be deactivated. Vendors will be notified by email of their account deactivation. Vendor account can only be activated by purchasing a product subscription that suit your need.

Staff Account

Obrapamall out-of-the-box has a staff account feature, that enables you to create one or more staff accounts, allowing other people to access the account. With staff accounts, the VEDNOR can set permissions and let other people work in their account while determining the level of access by the staff account to specific information (for example, you can limit staff account access to sales information on the report dashboard, alter created coupons or prevent staff account from changing general store settings).

The VENDOR and the users under staff account are each referred to as “Obrapamall User”.

The VENDOR is responsible and liable for activities, acts, omissions and defaults arising from the use of staff accounts in the performance of assigned obligations under these Terms of Service as they were the VENDOR’s own acts, omissions, activities or defaults.

Limitation of Liability

You expressly understand and agree that, to the extent permitted by applicable laws, Obrapamall shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the Service.

To the extent permitted by applicable laws, in no event shall Obrapamall be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our Services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Obrapamall partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference , or your violation of any law or the rights of a third party.

Waiver and Complete Agreement

The failure of Obrapamall to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service, including the documents it incorporates by reference, constitute the entire agreement between you and Obrapamall and govern your use of the Services and your Account, superseding any prior agreements between you and Obrapamall (including, but not limited to, any prior versions of the Terms of Service).

Payment of Fess

You will pay the Fees application to your subscription to our Online Service and any other applicable fees. Together, the Subscription Fees, Transaction Fees and other Additional Fees are referred to as the “Fees”.

You must keep a valid payment method on file with us to pay for all incurred and recurring Fees. Obrapamall will charge applicable Fees to any valid payment method that you authorize (“Authorized Payment Method”), and Obrapamall will continue to charge the Authorized Payment Method for applicable Fees until the Services are terminated, and any and all outstanding Fees have been paid in full. Unless otherwise indicated.

Subscription Fees are paid in advance and will be billed in a 30, 90, 180, 365 day intervals (each such date, a “Billing Date”). Transaction Fees and Additional Fees will be charged from time to time at Obrapamall’s discretion. You will be charged on each Billing Date for all outstanding Fees that have not previously been charged. Fees will appear on an invoice, which will be sent to the VENDOR via the email provided. Users have approximately two weeks to bring up and settle any issues with the billing of Subscription Fees.

You must maintain an accurate location in the administration menu of your Obrapamall Store. If you change jurisdictions you must promptly update your location in the administration menu.

Obrapamall does not provide refunds.

Indemnification

Vendors’ and users agree to indemnify Obrapamall as well as its officers, directors, employees, agents, from and against all losses, expenses, damages and costs, including attorney’s fees, resulting from any violation of this Terms and Conditions (including negligent or wrongful conduct).

Modifications to the Service and Prices

Prices for using the Services are subject to change upon 30 days’ notice from Obrapamall. Such notice may be provided at any time by posting the changes to the Obrapamall Site (https://obrapamall.com/) or the administration menu of your Obrapamall Store via an announcement.

Obrapamall reserves the right at any time, and from time to time, to modify or discontinue, the Services (or any part thereof) with or without notice.

Obrapamall shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Third Party Service and Obrapamall Expert

Obrapamall may from time to time recommend, provide you with access to, or enable third party software, applications, products, services or website links (collectively, “Third Party Services”) for your consideration or use, or Experts Marketplace. Such Third-Party Services are made available only as a convenience, and your purchase, access or use of any such Third-Party Services is solely between you and the applicable third-party services provider (“Third Party Provider”). In addition to these Terms of Service, you also agree to be bound by the additional service-specific terms applicable to services you purchase from, or that are provided by, Third Party Providers.

Any use by you of Third-Party Services offered through the Services, Obrapamall Experts, Experts Marketplace or obrapamall’s website is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Third-Party Services before using them. In some instances, Obrapamall may receive a revenue share from Third Party Providers that Obrapamall recommends to you or that you otherwise engage through your use of the Services, Obrapamall Experts or Obrapamall’s website.

We do not provide any warranties or make representations to you with respect to Third Party Services. You acknowledge that Obrapmall has no control over Third Party Services and shall not be responsible or liable to you or anyone else for such Third-Party Services.

Obrapamall does not guarantee the availability of Third-Party Services and you acknowledge that Obrapamall may disable access to any Third-Party Services at any time in its sole discretion and without notice to you. Obrapamall is not responsible or liable to anyone for discontinuation or suspension of access to, or disablement of, any Third-Party Service. Obrapamall strongly recommends that you seek specialist advice before using or relying on Third Party Services, to ensure they will meet your needs.

If you install or enable a Third Party Service for use with the Services, you grant us permission to allow the applicable Third Party Provider to access your data and other Materials and to take any other actions as required for the interoperation of the Third Party Service with the Services, and any exchange of data or other Materials or other interaction between you and the Third Party Provider is solely between you and such Third Party Provider. Obrapamall is not responsible for any disclosure, modification or deletion of your data or other Materials, or for any corresponding losses or damages you may suffer, as a result of access by a Third-Party Service or a Third-Party Provider to your data or other Materials.

The relationship between you and any Third-Party Provider is strictly between you and such Third-Party Provider, and Obrapamall is not obligated to intervene in any dispute arising between you and a Third-Party Provider.

Under no circumstances shall Obapamall be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, that result from any Third-Party Services or your contractual relationship with any Third-Party Provider, including any Expert. These limitations shall apply even if Obrapamall has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law.

You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Obrapamall partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your use of a Third-Party Service or your relationship with a Third-Party Provider.

Cancellation and Termination

You may cancel your Account and terminate the Terms of Service at any time by providing us with a 30 days’ notice. Upon termination of the Services by either party for any reason:

    • Obrapamall will cease providing you with the Services and you will no longer be able to access your Account;
    • unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise;
    • any outstanding balance owed to Obrapamall for your use of the Services through the effective date of such termination will immediately become due and payable in full, and your Store website will be taken offline.

If at the date of termination of the Service, there are any outstanding Fees owing by you, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.

We reserve the right to modify or terminate the Obrapamall Service, the Terms of Service and/or your Account for any reason, without notice at any time. Termination of the Terms of Service shall be without prejudice to any rights or obligations which arose prior to the date of termination.

Fraud: Without limiting any other remedies, Obrapamall may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the use of the Services.

Modifications to the Service and Prices

Prices for using the Services are subject to change upon 30 days’ notice from Obrapamall. Such notice may be provided at any time by posting the changes to the Obrapamall Site (https://obrapamall.com/) or the administration menu of your Obrapamall Store via an announcement.

Obrapamall reserves the right at any time, and from time to time, to modify or discontinue, the Services (or any part thereof) with or without notice.

Obrapamall shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Privacy & Data Protection

Obrapamall is firmly committed to protecting the privacy of your personal information and the personal information of your customers. By using the Service, you acknowledge and agree that Shopify’s collection, usage and disclosure of this personal information is governed by our Privacy Policy.

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