Terms & Conditions
The following terms and conditions govern your access to and use of the VIRTUAL Mall (VM) website – referred to as VM herein, including any content, functionality and services offered on or through www.virtualmall.africa (the “Site”)
Note: virtualmall.africa, virtualmall.africa, virtualmall.co.za and virtualmall.co.za are all interchangeable and all references to one implicitly apply to the others.
This Site is offered and available to users who are 18 years of age or older. By using this Site, you represent and warrant that you are of legal age to form a binding contract and meet all the foregoing eligibility requirements. If you do not meet all these requirements, you must not access or use the Site.
Our Customer Support team is available if you have any questions regarding the Site or Terms of Service. Contacting our Customer Support team can be performed by submitting a request here.
Buyers are users who purchase products and services on VM.
Custom Offers are exclusive proposals that a Seller can create in response to specific requirements of a Buyer.
Custom Orders are requests made by a Buyer to receive a Custom Offer from a Seller.
Disputes are disagreements experienced during an order between a Buyer and Seller on VM.
Balance is the aggregated amount of your Revenue as a Seller and/or returned payments from cancelled orders as a Buyer.
Credits are credits that VM may provide users to be used only for purchases on VTF, subject to these Terms of Service or any other applicable laws and/or terms.
Packages allow Sellers to offer services in different formats and prices. Packages can include upgrades, which lets Sellers price their service for a basic price.
Page is where the Seller can describe their products and services and the terms and conditions, and the Buyer can purchase the products and services and create an order.
Products are products and services offered on VM.
Order Page is where Buyers and Sellers communicate with each other in connection with a specific order.
Orders are the formal agreement between a Buyer and Seller after a purchase was made from the Seller’s Page.
Payment Services Provider(s) are service providers that provide payment services to Buyers and Sellers in connection with the VM, including with respect to collection of funds from Buyers in connection with the purchase of Products, remittance and withdrawal of funds to Sellers in connection with completed Orders, and the holding of funds in connection with VM Balances.
Revenue is the money that Sellers earn from completed orders and can either withdraw or use to do purchases on VM, subject to these Terms.
Sellers are users who offer products and perform services via the VM.
Overview (Main terms, in a nutshell)
- Only registered users may buy and sell on VM. Registration is FREE.
- Buyers pay VM in advance to create an order (see Purchasing Section below regarding payment terms).
- Orders are purchased through the Order button found on a Seller’s Page or through a Custom Offer.
- For fees and payments please read the purchasing section
- Sellers must fulfil their orders and may not cancel orders on a regular basis or without cause. Cancelling orders will affect Sellers’ reputation and status.
- Sellers gain account statuses (Levels) based on their performance and reputation. Advanced levels provide their owners with benefits to be published by VM from time to time
- Users may not offer or accept payments using any method other than placing an order through virtualmall.africa.
- Buyers are granted all rights for the delivered work, unless otherwise specified by the Seller on their Page.
- Sellers create Products on VM to allow Buyers to purchase their products and/or services.
- Sellers may also offer Custom Offers to Buyers in addition to their normal Products.
- Each order you sell and successfully complete, accredits your account with a net revenue of 95% of the purchase amount.
- VM accredits Sellers once an order is completed. See our “Orders” section below for a definition of a completed order.
- If an order is cancelled (for any reason), the funds paid will be returned to the Buyer’s VTF Balance.
- Revenues are only made available for withdrawal from the Revenue page following a safety clearance period of 14 days after the order is marked as complete. Top Rated Sellers and Pro Sellers are eligible to withdraw revenue following a safety clearance period of 7 days after the order is marked as complete.
- Sellers may withdraw their revenues using VM withdrawal instruction. (see Withdrawal Section below regarding payment terms).
- The Seller’s rating is calculated based on the order reviews posted by Buyers. High ratings allow Sellers to obtain advanced Seller levels (see Levels below). In certain cases, exceedingly low ratings may lead to the suspension of the Seller’s account.
- For security concerns, VM may temporarily disable a Seller’s ability to withdraw revenue to prevent fraudulent or illicit activity. This may come as a result of security issues, improper behaviour reported by Buyers, or associating multiple VM accounts to a single withdrawal provider.
- Sellers are responsible for paying any direct or indirect taxes, including any VAT or otherwise, which may apply to them depending on residency or location. Sellers represent and warrant that they comply, and will always comply , with their obligations under income tax provisions in their jurisdiction. The Product price shown on the Page is inclusive of all such taxes and charges that may apply to the Sellers.
- Appointment as Limited Payment Collection Agent: Seller hereby appoints VM as Seller’s limited authorised payment collection agent solely for the purpose of accepting payments (via its Payment Services Provider, if applicable) from Buyer, and remitting those payments to Seller. Seller agrees that payment from Buyer to VM shall be considered the same as payment made directly to Seller. Buyer’s payment obligation to Seller will be satisfied upon receipt of payment by VM (or its Payment Services Provider, as applicable), and VM (via its Payment Services Provider, as applicable) is responsible for remitting the funds to the Seller in the manner described in these Terms of Service. If VM (via Payment Services Provider) does not remit any such amounts to Seller, the Seller will have recourse only against VM and not the Buyer directly. Seller agrees that VM may describe or otherwise reflect the terms contained herein in any terms of service, receipts, disclosures, or notices including, but not limited to, receipts provided to Buyers that VM may deem necessary or prudent.
- VM partners with Payment Services Providers for purposes of collecting Product payments from Buyers, transferring such payments from Buyers to Sellers, and holding funds in connection with Sales Balances. All payments services in connection with the withdrawal of funds on the VM are performed by VM Payment Services Providers.
- Products may be removed by VM for violations to these Terms of Service, which may include (but are not limited to) the following violations and/or materials:
- Illegal or Fraudulent services
- Copyright Infringement, Trademark Infringement, and violation of a third party’s terms of service.
- Adult oriented services, Pornographic, Inappropriate/Obscene
- Intentional copies of other people’s Products
- Spam, nonsense, or violent or deceptive Products
- Products misleading to Buyers or others
- Reselling of regulated goods
- Offering to prepare academic works on behalf of Buyers
- Services that extend beyond 30 days of service duration
- Exceedingly low-quality Products
- MLM and Financial Services Products and Services except those approved by VM
- Products that are removed for violations mentioned above, may result in the suspension of the Seller’s account.
- Products that are removed for violations are not eligible to be restored or edited.
- Products may be removed from our Search feature due to poor performance and/or user misconduct.
- Products may include pre-approved website URLs contained within the Product description and requirements box. Products containing websites promoting content, which violates VM Terms of Service, will be removed.
- Products are required to have an appropriate Product image related to the product or service offered. Sellers must deliver the same quality of service as shown on their Product Recurring deliveries that don’t match the quality shown on the Product images may lead to the Seller’s account losing Seller status or becoming permanently disabled.
- Product may contain an approved Product Video uploaded through the Product management tools available on VM.
- Statements on the Product Page that undermine or circumvent these Terms of Service is prohibited.
VM is all about helping Sellers leverage their products and services. We seek to empower Sellers with helpful tools to grow their business. Sellers who invest in self-promotion may achieve greater customer satisfaction.
Top Rated Sellers
- Top Rated Sellers are chosen manually by VM editors through an ongoing review process based on seniority, volume of sales, extremely high ratings, exceptional customer care, high order completion rate and community leadership. Top Rated Sellers gain access to more extensive features than previous levels.
- Top Rated eligibility is constantly evaluated by VM to ensure that the quality standards and expectations of the Top-Rated selection is kept. VM retains the right to change a Top-Rated Seller status in light of such evaluation. In addition, Top Rated Sellers who cannot maintain their high quality service through a severe drop in ratings, stop delivering on time, increased cancellation rate or violate our Terms of Service, also risk losing their Top Rated status and the benefits that come with it.
Shipping Physical Deliverables
Some of the products and services on VM are delivered physically (arts and crafts, collectable items, etc.). For these types of Products, Sellers may decide to add shipping charges. Sellers can add shipping charges for local shipping (within the same country) and for international shipping (anywhere else).
- Products that include shipping costs must have physical deliverables sent to Buyers.
- Shipping costs added to a Product only pertains to the cost Sellers require to ship physical items to Buyers.
- Important: Buyers who purchase Products that require physical delivery, will be asked to provide a shipping address.
- Sellers are responsible for all shipping arrangements once the Buyer provides the shipping address.
- VM does not handle or guarantee shipping, tracking, quality, and condition of items or their delivery and shall not be responsible or liable for any damages or other problems resulting from shipping.
- A tracking number is a great way to avoid disputes related to shipping. We require entering the tracking number if available in the order page when delivering your work.
- To withdraw your revenue, you must have a bank account. All funds eligible for Withdrawal will be held on your behalf at an account with VM Payment Services Provider. All payment services, including withdrawal services will be provided by VM Payment Services Provider.
- Your VM profile can be associated with only one account from each VM withdrawal. A Payment Service Provider withdrawal account can be associated with only one Vendor.
- Revenues are only made available for withdrawal from the Revenue page following a safety clearance period of 14 days after the order is marked as complete. Top Rated Sellers are eligible to withdraw revenue following a safety clearance period of 7 days after the order is marked as complete.
- To withdraw your available revenue, you must click on the designated withdrawal provider to initiate the withdrawal process
- Withdrawals can only be made in the amount available to you.
- Withdrawals are final and cannot be undone. We will not be able to reverse this process once it has begun.
Local Bank Transfer (LBT)
R 50.00 per transfer*.
* Additional fees may apply based on your location and currency.
- You may not offer direct payments to Sellers using payment systems outside of the VM Order system.
- Buyers may request a specific product or service from the Post a Request feature. Products or Services requested on VM must be an allowed product or service on VM. Users should refrain from using the Post a Request feature for any purpose other than looking for products and services on VM.
- Buyers pay VM to create an order from a Seller’s Page or Custom Offer, using the Order Now button. VM partners with Payment Services Providers for purposes of collecting payments from Buyers, transferring such payments from Buyers to Sellers, and holding funds in connection with VM. All payments services in connection with the collection of funds on the VM are performed by VM Payment Services Providers.
- VM serves as Seller’s limited authorised payment collection agent solely for the purpose of accepting payments (via its Payment Services Provider, if applicable) from Buyer, and remitting those payments to Seller. Buyer’s payment obligation to Seller will be satisfied upon receipt of payment by VM (or its Payment Services Provider, as applicable), and VM (via its Payment Service Provider, as applicable) is responsible for remitting the funds to the Seller in the manner described in these Terms of Service. If VM (via Payment Services Provider) does not remit any such amounts to Seller, the Seller will have recourse only against VM and not the Buyer directly.
- In addition, Buyers can request a Custom Order which addresses specific Buyer requirements and receive a Custom Offer from Sellers through the Site.
- In most locations, Products and Services may be purchased on VTM by using one of the following payment methods: Credit Card, Debit Card or EFT.
- Your existing VM Balance will be automatically applied to your next purchase.
- You may not offer Sellers to pay, or make payment using any method other than through the Site. In case you have been asked to use an alternative payment method, please report it immediately to [email protected].
- By using any payment method and/or providing payment details for making purchases on VM, you represent and warrant that: (a) you are legally authorised to provide such information; (b) you are legally authorised or have permission to make payments using the payment method(s); (c) if you are an employee or agent of a company or person that owns the payment method, you are authorised by that company or person to use the payment method to make payments on VM; and (d) such actions do not violate any applicable law.
- Unless stated otherwise, you will be charged in the currency displayed on the Order page. In certain cases, however, when certain currencies are not supported by certain payment methods, you will be charged in US$ even if the price is displayed in another currency. In any event, the actual charged amount (in the actual payment currency) will be clearly disclosed to you before you complete the Order.
- Once payment is confirmed, your order will be created and given a unique VM order number.
- Sellers must deliver completed order or proof of delivery using the Delivered button (located on the Order page) according to the product or service that was purchased and advertised on their Page
- Using the Delivered button may not be abused by Sellers to circumvent Order guidelines described in this Terms of Service. Using the “Delivered” button when an order was not fulfilled may result in a cancellation of that order after review, affect the Seller’s rating and result in a warning to Seller.
- An order is marked as Complete after it is marked as Delivered and then accepted by a Buyer. An order will be automatically marked as Complete if not accepted and no request for modification was submitted within 3 days after the order was marked as Delivered.
- We encourage our Buyers and Sellers to try and settle conflicts amongst themselves. If for any reason this fails, users can contact VM for assistance here.
- When a Buyer orders a Product, the Seller is notified by email as well as notifications on the site while logged into the account.
- Sellers are required to meet the delivery time they specified when creating their Page. Failing to do so will allow the Buyer to cancel the order when an order is marked as late and may harm the Seller’s status.
- Sellers must send proof of delivered products or services using the Delivered button (located on the Order page) to mark the order as Delivered.
- Feedback reviews provided by Buyers while completing an order are an essential part of VM rating system. Reviews demonstrate the Buyer’s overall experience with the Sellers and their service. Buyers are encouraged to communicate to the Seller any concerns experienced during their active order regarding the service provided by the Seller.
- Leaving a Buyer’s feedback is a basic prerogative of a Buyer. Feedback reviews will not be removed unless there are clear violations of our Terms of Service.
- To prevent any misuse of our Feedback system, all feedback reviews must come from legitimate sales executed exclusively through the VM from users within our Community. Purchases arranged, determined to artificially enhance Seller ratings, or to abuse the VM with purchases from additional accounts, will result in a permanent suspension of all related accounts.
- Feedback comments given by Buyers are publicly displayed on a Seller’s Page.
- Responding and posting a review: Once work is delivered; the Buyer has three days to respond. If no response is provided within the response period, the order will be considered completed.
- Users can leave reviews on orders up to 10 days after an order is marked as complete. No new reviews may be added to an order after 10 days.
- Sellers may not solicit the removal of feedback reviews from their Buyers through mutual cancellations.
Disputes and Cancellations
We encourage our Buyers and Sellers to try and settle conflicts amongst themselves. If for any reason this fails, users can contact VM for assistance here.
- Order cancellations can be performed on VM, when eligible, by Customer Support.
- Filing a transaction dispute or reversing a payment through your payment provider or your bank is a violation to these Terms of Service. Doing so may get your account temporarily or permanently disabled. Note: once you have filed a dispute with your payment provider, the funds will be ineligible for a refund due to our obligations towards the payment provider.
- If a Buyer or Seller encounters an issue related to the service provided in an order, you are encouraged to use the Site’s dispute resolution tools to attempt to resolve the matter.
- VM, through its Payment Services Providers, reserves the right to cancel orders or place funds on hold for any suspected fraudulent transactions made on the Site.
- If an order is cancelled (for any reason), the funds paid will be returned to the Buyer.
- Revisions to deliveries can be performed by Sellers based on the Seller’s Page and customer care. Sellers may determine the amount of revisions offered to Buyers, including no revisions.
- Requests for revisions can be performed through the Order page while the order is marked as Delivered.
- VM encourages Buyers and Sellers to resolve service disputes mutually.
- Eligibility for requests to VM to cancel an order will be assessed by our Customer Support team based on a number of factors, including violations to our Terms of Service, general misconduct, and improper usage of the VM delivery system.
- Orders are not eligible to be cancelled based on the quality of service/materials delivered by the Seller if the service was rendered as described in the Buyers may rate their experience with the Seller on the order page, including the overall level of service quality received.
- Customer Support will not take any action against Orders where the Buyers failed to inform their Seller of issues related to the Seller’s service and will allow Sellers to provide a resolution first.
- VM Customer Support will cancel orders based on, but not limited to, the following reasons:
- Active Orders (after the Buyer submits their orders and before the Seller delivers on VM)
- The Seller is late and unresponsive for more than 24 hours while the order is marked as Late.
- Users are abusive towards the other party.
- The user is no longer an active VM vendor due to Terms of Service violations or closure of their account.
- Delivered Orders (after the Seller clicks Deliver Now and before the order is marked as complete)
- The Seller uses the Delivery system to extend the delivery due date to complete the requested product or service without providing the final delivered product or service to Buyers. Note: Multiple reported offences will result in permanent suspension of your account.
- The Seller delivers no proof of orders being delivered.
- The Seller requests additional payments, on or off the VM, by withholding the final delivery of the product or service.
- The Seller is withholding the final delivery of products or services for improved ratings.
- Buyers who abuse the Request Revisions button to gain more services from Sellers beyond the agreed requirements.
- Buyers who threaten to leave a damaging review to gain more services from the Seller not related to the agreed requirements.
- VM does not automatically refund payments made for cancelled orders back to your payment provider. Funds from order cancellations are returned to the Buyer’s VM Balance and are available for future purchases on VM. VM returns service fees to your VM Balance once an order is cancelled.
- Deposit refunds, when available from the payment provider, can be performed by our Customer Support team. To prevent fraud and abuse, we limit the total amount of times users can request a payment provider refund from their account which is subject to review by our Customer Support team. Such refunds may be subject to an additional fee.
- In certain instances, VM may offer You credits, either for promotional purposes or otherwise, to be used for purchasing Products offered on the Site. Your available Credit balance will appear in your account. Your valid VM Credits will be automatically applied to your next purchase and can be viewed in your order summary after you place the order. VM Credits are subject to different time limitations and will expire after their predefined term. VM Credits serve only as an incentive to use VM, and, therefore, are not redeemable for cash, have no cash value and are non-refundable. VM Credits may be subject to additional conditions and restrictions as will be disclosed to You upon receipt of the Credits. Credits may be voided in the event of fraud, misuse, or violation of these Terms. VM reserves the right to modify or cancel the VM Credits program at any time. If you or VM deactivate or suspend your VM account, any unused VM Credits in your account will be forfeited.
User Conduct and Protection
VM enables people around the world to create, share, sell and purchase nearly any product or service they need. Services offered on VM reflect the diversity of our economy. Members of the VM community communicate and engage through orders, social media, and on VM Community Forums.
VM maintains a friendly, community spirited, and professional environment. Users should keep to that spirit while participating in any activity or extensions of VM. This section relates to the expected conduct users should adhere to while interacting with each other on VM.
To report a violation of our Terms of Service, User Misconduct, or inquiries regarding your account, please contact us here.
- To protect our users’ privacy, user identities are kept anonymous. Requesting or providing Email addresses, Skype/IM usernames, telephone numbers or any other personal contact details to communicate outside of VM in order to circumvent or abuse the VM messaging system or VM is not permitted.
- Any necessary exchange of personal information required to continue a service may be exchanged within the order page.
- VM does not provide any guarantee of the level of service offered to Buyers. You may use the dispute resolution tools provided to you in the order page.
- VM does not provide protection for users who interact outside of the VM
- Rude, abusive, improper language, or violent messages will not be tolerated and may result in an account warning or the suspension/removal of your account.
- VM is open to everyone. Discrimination against a community member based on gender, race, age, religious affiliation, sexual preference or otherwise is not acceptable and may result in the suspension/removal of your account.
- Users may not submit proposals or solicit parties introduced through VM to contract, engage with, or pay outside of VM.
- Users with the intention to defame competing Sellers by ordering from competing services will have their reviews removed or further account status related actions determined by review by our Trust & Safety team.
- Users are to refrain from spamming or soliciting previous Buyers or Sellers to pursue removing/modifying reviews or cancelling orders that do not align on Order Cancellation or Feedback policies.
- VM reviews cases of payment provider charge backs and disputes on behalf of Sellers. Although results vary per case due to each charge back reason, we work hard on resolving disputes in the Seller’s favour. If the charge back case allows, VM (or one of VM Payment Services Providers) will return parts or full revenue back to Sellers, otherwise the charge back amount will be borne by the Seller.
- Users may report Products to Customer Support that may be in violation of VM Marketplace’s Terms of Service based on the reported Product’s replicated similarity to pre-existing products or services (copycat Products).
- VM will respond to clear and complete notices of alleged copyright or trademark infringement.
Users may receive a warning to their account for violations of our Terms of Service or any user misconduct reported. A warning will be sent to the user’s email address and will be displayed for such user on the Site. Warnings do not limit account activity but can lead to your account losing Seller statuses or becoming permanently disabled based on the severity of the violation.
Adult Services & Pornography – VM does not allow any exchange of adult oriented or pornographic materials and services.
Inappropriate Behaviour & Language – Communication on VM should be friendly, constructive, and professional. VM condemns bullying, harassment, and hate speech towards others. We allow users a medium for which messages are exchanged between individuals, a system to rate orders, and to engage on larger platforms such as our Community Forum and Social Media pages.
Phishing and Spam – VM takes the matter of its members’ security seriously. Any attempts to publish or send malicious content with the intent to compromise another member’s account or computer environment is strictly prohibited. Please respect our members privacy by not contacting them with offers, questions, suggestions or anything which is not directly related to their Products or orders.
Privacy & Identity – You may not publish or post other people’s private and confidential information. Any exchange of personal information required for the completion of a service must be provided in the order page. Sellers further confirm that whatever information they receive from the Buyer, which is not public domain, shall not be used for any purpose whatsoever other than for the delivery of the work to the Buyer. Any users who engage and communicate off VM will not be protected by our Terms of Service.
Authentic VTF Profile – You may not create a false identity on VM, misrepresent your identity, create a VM profile for anyone other than yourself (a real person), or use or attempt to use another user’s account or information; Your profile information, including your description, skills, location, etc., while may be kept anonymous, must be accurate and complete and may not be misleading, illegal, offensive or otherwise harmful. VM reserves the right to require users to go through a verification process in order to use the Site (whether by using ID, phone, camera, etc.).
Intellectual Property Claims – VM will respond to clear and complete notices of alleged copyright or trademark infringement, and/or violation of third party’s terms of service. Our Intellectual Property claims procedures can be reviewed here.
Fraud / Unlawful Use – You may not use VM for any unlawful purposes or to conduct illegal activities.
Abuse and Spam
Multiple Accounts – To prevent fraud and abuse, users are limited to one active account. Any additional account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the VM community will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violations to VM Terms of Service is cause for permanent suspension of all accounts.
Targeted Abuse – We do not tolerate users who engage in targeted abuse or harassment towards other users on VM. This includes creating new multiple accounts to harass members through our message or ordering system.
Selling Accounts – You may not buy or sell VM accounts.
The Site, including its general layout, design and content, is exclusively owned by VM and protected by copyright and trademarks. Users have no right, and specifically agree not to do the following with respect to the Site or any part, component or extension of the Site (including its mobile applications): (i) copy, transfer, adapt, modify, distribute or reproduce it, in any manner; (ii) reverse assemble, de-compile, reverse engineer or otherwise attempt to derive its source code, underlying ideas, algorithms, structure or organisation; (iii) modify or create derivative works; (iv) remove any copyright notice, identification or any other proprietary notices, or; (v) use the Site in any manner that could damage, disable, overburden or impair the Site, or interfere with any other users’ enjoyment of the Site. Users also agree not to permit or authorise anyone else to do any of the foregoing.
- VM reserves the right to put any account on hold or permanently disable accounts due to breach of these Terms of Service or due to any illegal or inappropriate use of the Site or services.
- Violation of VM Terms of Service may get your account disabled permanently.
- Users with disabled accounts will not be able to sell or buy on VM.
- Users who have violated our Terms of Service and had their account disabled may contact our Customer Support team for more information surrounding the violation and status of the account.
- Users have the option to enable account Security features to protect their account from any unauthorised usage.
- Users must be able to verify their account ownership through Customer Support by providing materials that prove ownership of that account.
- Sellers will be able to withdraw their revenues from disabled accounts after a safety period of 90 days following full verification of ownership of the account in question, from the day of the last cleared payment received in their account.
- Disputes should be handled using VM dispute resolution mechanism or by contacting VM Customer Support.
- VM may make changes to its Terms of Service from time to time. When these changes are made, VM will make a new copy of the terms of service available on this page.
- You understand and agree that if you use VM after the date on which the Terms of Service have changed, VM will treat your use as acceptance of the updated Terms of Service.
User Generated Content
User Generated Content (“UGC”) refers to the content added by users as opposed to content created by the Site. All content uploaded to VM by our users (Buyers and Sellers) is User Generated Content. VM does not check user uploaded/created content for appropriateness, violations of copyright, trademarks, other rights or violations. We invite everyone to report violations together with proof of ownership as appropriate. Reported violating content may be removed or disabled.
Furthermore, VM is not responsible for the content, quality or the level of service provided by the Sellers. We provide no warranty with respect to the Products, their delivery, and any communications between Buyers and Sellers. We encourage users to take advantage of our rating system, our community and common sense in choosing appropriate Product and Service offers.
By offering a product or service, the Seller undertakes that he/she has sufficient permissions, rights and/or licenses to provide, sell or resell the products or service that is offered on VM. Sellers advertising their Products online must comply with laws and terms of service of the advertising platform or relevant website used to advertise. Failing to do so may result in removal of the Page and may lead to the suspension of Seller’s account.
Disclaimer of Warranties
YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT MAKE ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL WE BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
IN ACCEPTING LIABILITY AS THE LIMITED AUTHORISED PAYMENT COLLECTION AGENT OF SELLER, GIG MARKETPLACE AND ITS AFFILIATES ASSUME NO LIABILITY FOR ANY ACTS OR OMISSIONS OF SELLER.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
The term “Affiliate” referred to herein, is an entity that, directly or indirectly, controls, or is under the control of, or is under common control with VM, where control means having more than fifty percent (50%) voting stock or other ownership interest or the majority of voting rights of such entity.