These terms and conditions create a contract between you ("Buyer") and Malum ("Agreement") and govern your use of the Services. Please read carefully before placing an order.
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Malum is the Merchant of Record for the Supplier and authorised reseller of the Product, which means that you acquire the Product from Malum using the Services, but it is licensed by the Supplier.
Please read the Agreement carefully. By placing an order with us, you agree to the terms and conditions set out in both this Agreement and the Seller Agreement.
If you are a Consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in this Agreement, including the Governing Law clause, affects your rights as a consumer to rely on such mandatory provisions of local law.
"Business" means a Buyer who is purchasing the Product or using the Services in connection with their trade, business, craft or profession.
"Confidential Information" means any commercial, financial or technical information, information relating to the Product, the Services, plans or strategy, know-how or trade secrets which is obviously confidential or has been identified as such, or which is developed by a party in performing its obligations under, or otherwise pursuant to this Agreement.
"Consumer" means a Buyer who is purchasing the Product or using the Services wholly or mainly for their personal use.
"Malum" means, where the Buyer is purchasing the Product from Malum Limited (incorporated in Seychelles).
"Product" means the Supplier's software or digital product(s) and/or content licensed for use by the Buyer under the terms of the Seller Agreement.
"Supplier" means the licensor and supplier of the Product.
"Supplier Agreement" means the Supplier's terms and conditions in respect of the Product.
"Services" means Malum's services through which you can buy, get, licence, or download the Product.
"Transaction" means acquiring the Product via our Services for free or for a charge.
Where any Product supplied is, or includes, software ("Software"), this Software is licensed by us or by the relevant licensor/owner subject to the relevant end-user licence agreement, or other licence terms included with Software (or other applicable terms associated with non-Software Products, including recurring purchases or billing services).
Malum will charge your chosen payment method (such as your credit card, debit card, or any other methods available) for any paid Transactions, including any applicable fees. If you pre-order the Product, you'll be charged upfront, during which time you can request a refund for whatever reason until the content is delivered, after which the standard refund policy applies.
You agree to receipt of all invoices and receipts in an electronic format, which includes email. Product prices may change at any time. If technical problems prevent or unreasonably delay delivery of the Product, your exclusive and sole remedy is either replacement of the Product or refund of the price paid, as determined by Malum.
When providing us with your information, you must ensure that it's up-to-date and accurate. Malum will not be responsible for non-receipt of the Product due to incorrect information being provided. To make amendments to your order, please contact us at [email protected]. We reserve the right to not fulfil and to cancel orders if we're unable to obtain payment authorisation from the issuer of your payment card.
We understand that there may be occasions where you may not recognise or wish to dispute a payment made to Malum in relation to a Transaction. Chargeback is a mechanism for your payment card issuer (at their discretion) to reclaim money from a retailer's bank. This can allow your card issuer to provide you with a refund in a number of circumstances, including:
If you do not get the Product you paid for; if you are charged the wrong amount, or charged twice by mistake; or if the payment was made fraudulently.
If you fail, or Malum suspects that you have failed, to comply with any of the provisions of this Agreement, Malum may, without notice to you: (i) terminate this Agreement, and you will remain liable for all amounts due up to and including the date of termination; and/or (ii) terminate your license to the software; and/or (iii) preclude your access to the Services.
Malum further reserves the right to modify, suspend, or discontinue the Services (or any part thereof) at any time with or without notice to you. To the extent possible, Malum will warn you in advance of any modification, suspension or discontinuance. Termination of the Service will not affect any rights accrued thereunder or the Product that you have already acquired.
Where Malum suspects fraudulent activities are being conducted by you, we have the right to cancel and block your usage of our Services without notice. Malum may also liaise with relevant authorities for law enforcement and financial crime prevention reasons.
If you are a Consumer, you have the right to cancel this Agreement and return the Product within 2 days without giving any reason. The cancellation period will expire after 2 days from the day of completion of the Transaction.
To cancel your order, please contact us at [email protected] with a clear statement of your decision. If you use our "Contact Us" form online, we will communicate acknowledgment of receipt of your cancellation request without delay.
If you cancel this Agreement, we will reimburse to you all payments received from you minus any fees, without undue delay and not later than 2 days after the day on which we are informed about your decision to cancel. We will make the reimbursement using the same means of payment as you used for the initial transaction, and you will not incur any fees as a result of the reimbursement.
Your right as a Consumer to cancel your order does not apply to digital products after you have started to download, view or stream these, and to Products which you have had the benefit of.
Refunds are provided at the sole discretion of Malum and on a case-by-case basis and may be refused. Malum will refuse a refund request if we find evidence of fraud, refund abuse, or other manipulative behaviour that entitles Malum to counterclaim the refund.
This does not affect your rights as a Consumer in relation to Products which are not as described, faulty or not fit for purpose.
Malum reserves the right at any time to modify this Agreement and to add new or additional terms or conditions on your use of the Services. Such modifications and additional terms and conditions will be communicated to you and, if accepted, will be effective immediately and incorporated into this Agreement. In the event you refuse to accept such changes, Malum will have the right to terminate the Agreement.
This Agreement and Malum's rights and obligations under this Agreement will be transferred automatically to the Supplier upon receipt of a written notice from the Supplier requesting the transfer. In such circumstances, the Supplier agrees to be bound by this Agreement in every way as if it were the original party to it in place of Malum, and you will perform the Agreement and be bound by its terms in every way as if the Supplier were the original party in place of Malum.
Malum is not responsible or liable for third party materials included within or linked from the Product or the Services.
You agree that the Services, including but not limited to content, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the Services, contain proprietary information and material that is owned by Malum and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for in compliance with this Agreement.
The Malum name, the Malum logo and other Malum trademarks, service marks, graphics, and logos used in connection with the Services are trademarks or registered trademarks of Malum. You are granted no right or license with respect to any of the aforesaid trademarks.
If you believe that any Products available through the Services infringe a copyright claimed by you, please contact Malum via email at [email protected].
Malum disclaims any and all warranties, express, implied or statutory regarding the Services to the full extent permitted by law and in particular does not warrant that: (i) your use of the Services will be uninterrupted or error-free; (ii) the Services will be free from loss, corruption, attack, viruses, interference, hacking or other security intrusion, which shall be events of Force Majeure, and Malum disclaims any liability relating thereto. You shall be responsible for backing up your own system, including any Product purchased, acquired or rented using the Service.
In no event will Malum, its partners, service providers, affiliates or any of their respective directors, officers, employees or agents be liable to the Buyer or the Supplier for any special, incidental, indirect, punitive, exemplary or consequential damages, whether foreseeable or unforeseeable, which may arise out of or in connection with this Agreement.
You may have the benefit of a manufacturer's, licensor's or supplier's warranty with the Products supplied and you should refer to the relevant documentation supplied with the Product in this regard.
If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of these terms remain in full force and effect. Malum's acquiescence in the breach of a provision of this Agreement or failure to act upon such breach does not waive Malum's right to act with respect to subsequent or similar breaches.
The parties agree that any Confidential Information provided under this Agreement shall be held and maintained in strict confidence. Each party agrees to protect the confidentiality of such information in a manner consistent with the way a reasonable person would protect similar Confidential Information.
Malum will maintain appropriate administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of Buyer data, as described in Malum's Privacy Policy.
Specifically excluded from application to this Agreement is the law known as the United Nations Convention on the International Sale of Goods.
All Consumers: Except to the extent amended by any provisions of the law of the country in which you are resident, this Agreement and the relationship between you and Malum, and all Transactions shall be governed by the laws of the Seychelles.
Businesses: If you are a Business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Seychelles and the courts of Seychelles shall have exclusive jurisdiction to settle any such dispute or claim.
If you have any questions about these Terms, please contact us at [email protected].
Last modified 04/20/2024