Machmall.com Terms of Use

This page sets out the terms for the use of the Site offered by Machmall.com and the Services we offer.

1.       SOME BASICS YOU SHOULD KNOW ABOUT THESE TERMS OF USE

1.1. Scope of Use: The Site and our Services are for your non-commercial, personal use only and not for business purposes, except as separately permitted in writing. You may access the Site only through our app, standard web and mobile browsers and similar consumer applications, but not with any robot, spider, offline reader, site search/retrieval application or other manual or automatic device, tool, or process to retrieve, index, or data mine our Site, via scraping, spidering or otherwise. As an exception, revocable at any time by us, operators of public search engines may use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials.

1.2. Prevention on use: We reserve the right to prevent you from using the Site and the Services (or any part of them).

2. REGISTERING WITH US AND YOUR ACCOUNT

2.1. Why Register: Depending on the particular functionality of our Site at any time, you may or may not need to Register to use much of its functionality or to access many of our Services. However, you must Register in order to make a purchase. This is so that we can provide you with easy access to print your Voucher, view your past purchases, store any Machmall.com credit for you and modify your preferences. We reserve the right to decline a new Registration or to cancel an Account at any time. You Register with us so you don’t have to re-enter your information every time you buy something.

2.2. How to Register: To Register you need to supply us with your name, postcode, email address, and possibly some other personal information.

2.3. Passwords: During Registration, you will also need to supply us with your password. You must keep the password confidential and immediately notify us if any unauthorised third party becomes aware of that password or if there is any unauthorised use of your email address or any breach of security known to you. You agree that we are not responsible or liable in the event that a person to whom your password is disclosed uses (and/or transacts via) our Services and Site. Please note that you are entirely responsible if you do not maintain the confidentiality of your password.

2.4. Valid email addresses: All Accounts must be Registered with a valid personal email address that you access regularly. Any Accounts which have been Registered with someone else’s email address or with temporary email addresses may be closed without notice. We may require users to re-validate their Accounts if we believe they have been using an invalid email address.

2.5. Emails: Machmall.com may send you administrative and promotional emails. We may also send you information regarding your Account activity and purchases, as well as updates about our Site and Services or other promotional offers. We may also send you information regarding purchases you’ve made. (You can opt-out of our promotional e-mails at any time by clicking the unsubscribe link at the bottom of any of such e-mail correspondence.)

2.6. Push Notifications: Where you have consented, Machmall.com may send you promotional push notifications on your mobile device(s) for general and location-based deals. You can opt-out of our promotional push notifications at any time by changing the preferences on your mobile device.

3. USER CONTENT

3.1. User Content: The Site may provide Account holders and visitors to the Site various opportunities to submit or post reviews, opinions, advice, ratings, discussions, comments, messages, survey responses, and other communications, as well as files, images, photographs, video, sound recordings, musical works and other content (collectively, “User Content”). User Content may be submitted or posted through forums, bulletin boards, discussion groups, chat rooms, surveys, blogs or other communication facilities that may be offered on, through, or in connection with the Site or Services from time to time. You may be required to have an Account to submit User Content.

3.2. Creator of the User Content: In contributing any User Content, you represent and warrant that you are the creator of the User Content, or if you are acting on behalf of the creator, that you have express, advance authority from the creator to submit or post the User Content, and that you have all rights necessary to grant the licenses and grants set out in this Agreement in respect of that User Content. You further represent and warrant (or, if you are acting on behalf of the creator of the User Content, you have been assured that the creator represents and warrants) that the sharing of the User Content for the purposes you have selected will not violate or infringe any copyrights, trademarks or any other intellectual property rights or rights of third parties, including the rights of publicity or privacy.

3.3. Restrictions: You will not upload, post or otherwise make available on the Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. Machmall.com does not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission.

3.4. Use of User Content: Machmall.com has the sole and absolute right, but not the obligation, to review, edit, post, refuse to post, remove and monitor the User Content. Machmall.com further has the sole and absolute right, but not the obligation, to disclose the User Content and the circumstances surrounding their transmission to any third-party, at any time, for any reason, including to determine compliance with this Agreement and any operating rules established by Machmall.com, as well as to satisfy any applicable law, regulation or authorised government request. Without limiting the foregoing, Machmall.com has the right to remove any material from the Site in its sole and absolute discretion. Machmall.com assumes no liability for any User Content or other information that appears or is removed from the Site or elsewhere. Machmall.com has no obligation to use your User Content and may not use it at all.

3.5. Modifying or removing User Content: In some circumstances and from time to time, it may be possible to modify or remove the User Content you submit or post through your Account. Machmall.com makes no representations or warranties that the User Content you modify or remove will be modified or removed from the Site or elsewhere, or that the User Content will cease to appear on the Internet, in search engines, social media websites, or in any other form, media or technology.

3.6. Public Nature of User Content: You understand and agree that User Content is public. Any person (whether or not a user of Machmall.com International’s Services) may read your User Content without your knowledge. Please do not include any additional personal information or any other information in your User Content unless you wish for it to be publicly disclosed. Machmall.com is not responsible for the use or disclosure of any personal information or any other information that you disclose in connection with User Content.

3.7. Disclaimer: Any User Content of any kind made by you or any third-party is made by the respective author(s) or distributor(s) and not by Machmall.com. Other users may post User Content that is inaccurate, misleading or deceptive. Machmall.com does not endorse and is not responsible for any User Content, and will not be liable to you or any other person for any loss or damage caused by your reliance on such User Content. User Content reflects the opinions of the person submitting it and does not reflect the opinion of Machmall.com. Machmall.com does not control or endorse any User Content, and specifically disclaims any liability concerning or relating to your contribution of, use of, or reliance on any User Content and any actions resulting from your participation in any part of the Site or Services, including any objectionable User Content.

4.1. Accurate information: You warrant that all information provided on Registration and contained as part of your Account during the course of this Agreement is true, complete and accurate and that you will promptly inform us of any changes to such information by updating the details in your Account.

4.2. Content on the Site: It is your responsibility to ensure that any Items or information (or Products) available through the Site meet your specific requirements.

4.3. Things you cannot do: Without limitation, you undertake not to use or permit anyone else to use the Services or Site:

4.3.1. to upload, send or receive any material, including User Content, which is not civil or tasteful;

4.3.2. to upload, send or receive any material, including User Content, which is unlawful, harmful, tortious, threatening, abusive, harassing, hateful, racist, homophobic, infringing, pornographic, violent, misleading, grossly offensive, of an indecent, obscene or menacing character, blasphemous or defamatory or of a libellous nature of any person or entity, in contempt of court or in breach of confidence, or which infringes the rights of another person or entity, including copyrights, trademarks, trade secrets, patents, rights of personality, publicity or privacy or any other third party rights;

4.3.3. to upload, send or receive any material, including User Content, for which you have not obtained all necessary licenses and/or approvals (from us or third parties); or which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party in any country in the world;

4.3.4. to upload, send or receive any material which is technically harmful (including computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data, malicious software, harmful data, or anything else which may interrupt, interfere with, corrupt or otherwise cause loss, damage, destruction or limitation to the functionality of any software or computer equipment);

4.3.5. to cause annoyance, inconvenience or needless anxiety;

4.3.6. to intercept or attempt to intercept any communications transmitted by way of a telecommunications system;

4.3.7. for a purpose other than which we have designed them or intended them to be used;

4.3.8. for any fraudulent purpose; or

4.3.9. in any way which is calculated to incite hatred against any ethnic, religious or any other minority or is otherwise calculated to adversely affect any individual, group or entity.

5. RULES ABOUT USE OF THE SERVICES AND THE SITE

5.1. Stopping access: Although we will try to allow uninterrupted access to the Services and the Site, access to the Services and the Site may be suspended, restricted or terminated at any time. Your access to the Site and/or the Services may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore such access as soon as we reasonably can. We also reserve the right to block access to and/or to edit or remove any material which in our reasonable opinion may give rise to a breach of any of this Agreement.

5.2. Closing Accounts: We reserve the right to close Accounts if any user is violating our terms of use (i.e., this Agreement), including if he is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple Accounts, or if a user pretends to be located in a country different from where he actually resides, or if he disrupts the Site or the Services in any way.

5.3. Multiple Accounts: If you use multiple Accounts, if we do take any action against you, you may have action taken against all of your Accounts.

6. ADVERTISEMENTS

6.1. Any advertisements may be delivered on our behalf by a third party advertising company, which may, on our behalf, place or recognize a unique "cookie" on your browser. If you would like more information about this practice and to know your choices about not having this information used by any company, see our Cookies Policy and Privacy Statement.

7. LINKS TO AND FROM OTHER SITES

7.1. Where the Site contains links to third party sites and to resources provided by third parties (together "Other Sites"), those Other Sites are merely linked to provide information only and are solely for your convenience. We have no control over, do not accept, and we assume no responsibility for Other Sites or for the content or products of Other Sites (including relating to social networking sites) and we accept no responsibility for any loss or damage that may arise from your use of them. If you decide to access any of the third party Sites linked to the Site, you do so entirely at your own risk.

8. GENERAL

8.1. This Agreement and the Terms of Use constitute the entire agreement between the Member and Machmall.com with respect to and governs the use of the Service, superseding any prior written or oral agreements in relation to the same subject matter herein.

8.2. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

8.3. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

8.4. Machmall.com's failure to enforce any right or failure to act with respect to any breach by a Member under this Agreement will not waive that right nor waive Machmall.com's right to act with respect with subsequent or similar breaches.

8.5. Governing law: This Agreement (and all non-contractual relationships between you and us) shall be governed by and construed in accordance with the laws of Chinese.

All contents in these websites are Copyright © 2018 by XCMG E-commerce Inc.

Contact Machmall.com staff at service@machmall.com