Website Terms of Use

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WEBSITE TERMS OF USE

These terms and conditions govern your use of our website (http://www.islandermall.com). If you do not accept these terms, please do not use this Website. Using this Website implies that you accept these terms. We do occasionally update these terms so please refer back to them in the future.

1.  WEBSITE ACCESS

1.1 You will be able to access the majority of this Website without having to register any details with us. However, particular areas of this Website will only be accessible only if you have registered.

2. USE OF WEBSITE

2.1 You are permitted to use our website for your own purposes and to print and download material from this Website provided that you do not modify any content without our consent. Material on this website must not be republished online or offline without our permission.

2.2 The copyright and other intellectual property rights in all material on this Website are owned by us or our licensors and must not be reproduced without our prior consent.

2.3 Subject to paragraph 2.1, no part of this Website may be reproduced without our prior written permission.

3. REGISTRATION, CUSTOMER ACCOUNT

3.1 Some of the services offered on or through this website require you to first open an Account. You are responsible for maintaining the confidentiality of your Account information, including your password, and for all activity that occurs under your account. You agree to notify islandermall.com immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by islandermall.com or any other user of the Website due to someone else using your password or customer account. You may not use anyone else’s password or customer account at any time. You may not attempt to gain unauthorized access to this Website. Should you attempt to do so, assist others in making such attempts, or distributing instructions, software or tools for that purpose, then your customer Account will be terminated. You agree to provide us with accurate, current and complete information about yourself and your billing information as prompted by the registration process. You may update any of your Account information, designate a different credit card to be billed, or change the applicable expiration date on your currently designated credit card, by following My Account link or Sign-In link and following the appropriate other links allowing you to achieve your objective. You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, probe, test or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through this Website. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or any of the systems or networks comprising or connected to this Website.

3.2 You also agree that Islandermall.com may, in its sole discretion and without prior notice to you, terminate your access to this Website and your Account for any reason, including without limitation: (1) attempts to gain unauthorized access to this Website or assistance to others’ attempting to do so, (2) overcoming software security features limiting use of or protecting any Content, (3) discontinuance or material modification of this Website or any service offered on or through this Website, (4) violations of this Terms of Use, (5) failure to pay for purchases, (6) suspected or actual copyright infringement, (7) unexpected operational difficulties, or (8) requests by law enforcement or other government agencies. You agree that Islandermall.com will not be liable to you or to any third party for termination of your access to the Website.

4. CONDITIONS OF SALE AND PAYMENT TERMS

4.1 To purchase any goods and/or services on our Website, you must (a) be at least eighteen (18) years of age or the applicable age within your country, (b) be a natural person, corporation, partnership or other legal entity. Prior to the purchase of any goods or services on our Website, you must provide us with valid payment information which may include credit card number and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration and (v) any activation numbers or codes needed to charge your card. By submitting that information to us, you hereby agree that you authorize us to charge your card at our convenience but within thirty (30) days of credit card authorization. All sales of products and services are final.

5. THIRD PARTY PAYMENTS

5.1 Islandermall.com uses various payment merchants including but not limited to Paypal, Amazon, Moneybookers & Google (all trademarks of their respective companies). Your use of these services is governed by the respective companies.

5.2 Islandermall.com reserves the right to add additional payment merchants or discontinue the use of any of their services without notice to you and at our discretion.

6. METHODS OF PAYMENT, CREDIT CARD TERMS AND TAXES

6.1 Payment must be made by VISA, MasterCard, 3rd Party Providers as detailed above, Money Orders, Cheque or Bank Deposit (each of which may be removed by Islandermall.com in its sole discretion). If we offer or accept any other form of payment, you hereby agree to all restrictions, terms and conditions associated with such additional form of payment. Your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not this Terms of Use to determine your rights and liabilities as a cardholder. You and not Islandermall.com is responsible for paying any unauthorized amounts billed to your Credit Card by a third-party. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify Islandermall.com of any discrepancies within sixty (60) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes. If Islandermall.com does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by Islandermall.com or its agents. You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes. Islandermall.com shall automatically charge and withhold the applicable sales tax for any localities that it deems are required.

6.2 Payment by Money Orders, Cheque or Bank Deposit are offline and subject to delays. Islandermall.com, its affiliates, pathners or its 3rd party sellers are not liable for any delay in using these services. There may be additional fees in using these services for which you are directly responsible and is not included in any pricing displayed on our website. Orders paid via any of these methods must be paid for within the defined days for your specific country failing which your order will be cancelled and deleted from the system.

6.3 Refunds for payment made by Money Orders, Cheque, Bank Deposit and other offline payments are subject to processing delays and fees. All Islandermall.com refunds for orders placed using any of these methods is a Store Credit, which can be used at anytime in the future. However, as a customer you may wish to have your Store Credit withdrawn. Withdrawal of these funds are subject to 2 – 4 weeks processing, inclusive of mailing of cheques and banks processing times. Additonally, there is a cost for processig of these refunds which are subject to the following fees: (1) Cheque Refunds via Standard Mail – US$10.00 (2) Cheque Refunds via Registered Mail/International Courier – US$30.00. Any Store Credit less than US$20.00 will not be subject to Refunds.

6.4 In order to protect our customers, you shall never attempt to pay the 3rd party seller directly in any form. Any attempt to solicit payment by a 3rd party seller must be reported to the Mall Manager at mall.manager@islandermall.com. Any such attempts is a violation of this website terms of use and may result in either party bared use of the website and services.

6.5 Islandermall.com supports sellers/Island Store owners from various countries. Islandermall.com and its sellers/Island Store owners will ship to most foreign countries. When you place an order with any seller, they will send the item to you via courier. When an item is sent from outside the country in which you live, your government will impose tariffs on your items. You, the customer is responsible for any country specific tariffs and duties added by your respective government. Please note that some orders may be assessed additional shipping charges due to weight and size limitations. This predominately applies to orders with large quantities of boots and shoes. If your order requires additional charges, you will be contacted to approve these charges before we ship your order.

7. ORDER ACCEPTANCE & REFUSAL

7.1 Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Islandermall.com or its third party sellers reserves the right at any time after receipt of your order to accept or decline your order for any reason. Islandermall.com or its third party sellers further reserves the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by Islandermall.com or its third party sellers upon shipment of products or performance of services that you have ordered, or upon the completion of the license and delivery of a Digital Download, as indicated by our servers. Title to goods and all risk of loss passes to you upon delivery to the selected carrier. All orders placed over $500.00 (U.S.) must obtain pre-approval with an acceptable method of payment, as established by risk team. We may require additional verifications or information before accepting any order.

7.2 Orders that are refused by you will be charged the original shipping plus return shipping to us. The return cost are subject to the ‘Terms and Conditions of Service’ or similarly defined as detailed on the respective courier company website.

8. NO RESPONSIBILITY TO SELL MISPRICED PRODUCTS OR SERVICES

8.1 Islandermall.com or its third party sellers shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. Islandermall.com or its third party sellers shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Islandermall.com shall immediately issue a credit to your credit card account in the amount of the charge.

9. MODIFICATON TO PRICING AND BILLING TERMS

9.1 Islandermall.com or its 3rd Party Sellers reserves the right, at any time, to change the prices for products or services sold with immediate effect upon posting change to the Website or by email sent to you.

10. PRICING

10.1 Except where noted otherwise, the List Price, Suggested Retail Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparable item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. Where an item is offered for sale by one of our third party sellers, the List Price may be provided by that specific party.

10.2 Please note that third-party sellers may follow different policies in the event of a mispriced item.

11. OTHER BUSINESSES / THIRD PARTY SELLERS

11.1 Third Parties other than Islandermall.com operate stores, provide services, or sell product lines on this Website. For example, Mariotechnics offers Computer related goods and services and their items may be listed in several of Islandermall.com categories. In addition, we may provide links to the websites of 3rd party companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Islandermall.com does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their policy statements and other statements before making a purchase.

12. WEBSITE UPTIME

12.1 We take all reasonable steps to ensure that this Website is available 24 hours every day, 365 days per year. However, websites do sometimes encounter downtime due to server and, other technical issues. Therefore we will not be liable if this website is unavailable at any time.

12.2 This Website may be temporarily unavailable due to issues such as system failure, maintenance or repair or for reasons beyond our control. Where possible we will try to give our visitors advance warning of maintenance issues but shall not be obliged to do so. 

13. VISITOR CONDUCT

13.1 With the exception of personally identifiable information, the use of which is covered under our Privacy Policy, any material you send or post to this Website shall be considered non-proprietary and not confidential. Unless you advise to the contrary we will be free to copy, disclose, distribute, incorporate and otherwise use such material for any and all purposes. 

13.2 When using this website you shall not post or send to or from this Website any material:

(a) for which you have not obtained all necessary consents;
(b) that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to law.
(c) which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.

13.3 We will fully co-operate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting material to this Website in breach of Paragraph 13.2.

14. LINKS TO AND FROM OTHER WEBSITES

14.1 Any links to third party websites located on this Website are provided for your convenience only.  We have not reviewed each third party website and have no responsibility for such third party websites or their content.  We do not endorse the third party websites or make representations about them or any material contained in them.  If you choose to access a third party website linked to from this Website, it is at your own risk.

14.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, any page on this Website, and subject to the following conditions:

(a) you do not in any way imply that we are endorsing any services or products unless this has been specifically agreed with us;
(b) you do not misrepresent your relationship with us or present any false information about us;
(c) you do not link from a website that is not owned by you; and
(d) your website does not contain content that is offensive,  controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law in the United States of America.

14.3 If you choose to link to our website in breach of Paragraph 5.2 you shall fully indemnify us for any loss or damage suffered as a result of your actions.

15. DISCLAIMER

15.1 We take all reasonable steps to ensure that the information on this Website is correct. However, we do not guarantee the correctness or completeness of material on this Website. We may make changes to the material on this Website at any time and without notice. The material on this Website may be out of date, or on rare occasions incorrect and we make no commitment to ensure that such material is correct or up to date.

15.2 The material at this Website is provided without any conditions or warranties of any kind. To the maximum extent permitted by law, we provide access and use of this website on the basis that we exclude all representations, warranties and conditions which but for these Terms may have effect in relation to this Website. 

16.  EXCLUSION OF LIABILITY

16.1 Neither we nor any other party (whether or not involved in producing, maintaining or delivering this Website), shall be liability or  responsible for any kind of loss or damage that may result to you or a third party as a result of your or their use of our website. This exclusion shall include servicing or repair costs and, without limitation, any other direct, indirect or consequential loss, and whether in tort or contract or otherwise in connection with this Website.

16.2 Nothing in these Terms shall exclude or limit liability for (i) death or personal injury caused by negligence; (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under the law.

17. INDEMNIFICATION

17.1 You agree to indemnify and hold harmless Islandermall.com and its sister companies, subsidiaries, affiliates, service providers, other End Users, distributors, licensors, officers, directors and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party arising out of or related to your violation of this Terms of Use, or your violation of any law, regulation or third-party right.

18. DISCLAIMER OF WARRANTIES.

18.1 THE WEBSITE, PRODUCTS, SERVICES, CONTENT, DIGITAL DOWNLOADS, SOFTWARE, ARTWORK, DATA, AND INFORMATION ARE PROVIDED “AS IS.” ALL OF ISLANDERMALL.COM’S PHYSICAL PRODUCTS ARE GUARANTEED AGAINST MATERIAL DEFECTS FOR FOURTEEN (14) DAYS FROM THE DATE OF INVOICE. EXCEPT AS EXPRESSLY STATED HEREIN, ISLANDERMALL.COM EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO OR REFERENCED BY THE ISLANDERMALL.COM WEBSITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR QUALITY OF DATA AND FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, TITLE, NON-INFRINGEMENT, LACK OF VIRUSES OR CORRESPONDENCE TO DESCRIPTION.

19. LIMITATION OF LIABILITY.

19.1 THE ENTIRE RISK ARISING OUT OF THE USE OF THIS WEBSITE, THE USE OF ANY PRODUCTS AND/OR SERVICES OFFERED ON OR IN CONNECTION WITH THIS WEBSITE, AND/OR THE USE OF ANY CONTENT AND/OR DIGITAL DOWNLOADS REMAINS WITH YOU. IN NO EVENT SHALL ISLANDERMALL.COM OR ITS LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS TERMS OF USE OR THE USE OF OR INABILITY TO USE ANY PRODUCTS, SERVICES, CONTENT AND/OR DIGITAL DOWNLOADS, WITH THE DELAY OR INABILITY TO USE THE ISLANDERMALL.COM WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE PRODUCTS OR SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE ISLANDERMALL.COM WEBSITE WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE EVEN IF ISLANDERMALL.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE IN THIS TERMS OF USE OR POSTED ON THE WEBSITE, THE MAXIMUM LIABILITY THAT ISLANDERMALL.COM SHALL HAVE IS LIMITED TO ANY AMOUNTS ACTUALLY PAID TO ISLANDERMALL.COM BY END USER. ORDER INFORMATION SUCH AS BILLING OR SHIPPING ADDRESS THAT IS INACCURATE OR INCOMPLETE MAY RESULT IN DELAYS THAT SHALL NOT BE THE RESPONSIBILITY OF ISLANDERMALL.COM OR ITS THIRD PARTY SELLERS. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES AND LIMITED REMEDIES SET FORTH HEREIN REPRESENT AN INSEPARABLE ALLOCATION OF RISK (INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF A TOTAL AND FUNDAMENTAL BREACH OF THIS TERMS OF USE) THAT IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.

20. GOVERNING JURISDICTION

This Legal Notice shall be governed by and construed in accordance with US law.

21. OUR DETAILS

• Website: – http://www.islandermall.com
• E-mail:- mall.manager@islandermall.com
• Address: 7801 NW 37TH STREET
• Suite TRI529
• Doral, FL 33166
• USA
• (786) 342-2692

22. Effective Date: Oct 10, 2010