Terms & Conditions

Terms Of Use

Terms Of Use

PLEASE READ THE FOLLOWING TERMS OF USE ("AGREEMENT") CAREFULLY BEFORE USING THIS WEBSITE IN ANY CAPACITY AND BEFORE USING ANY AND ALL SERVICES OFFERED BY APHRIKE MALL (“APHRIKE MALL”, “Aphrike Mall”, “Shop Aphrike Mall”, “Visit Aphrike Mall”, "US”, “WE”, “OUR”, “SITE”). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT HTTP://WWW.APHRIKEMALL.COM AND ALL SERVICES PROVIDED BY APHRIKE MALL ON THE SITE.

By using this Site in any manner or capacity, including but not limited to visiting or browsing the Site, you (the "user", "you", “buyer”, or “seller”) agree to be bound by this Agreement, including any and all additional terms and conditions and policies referenced herein and/or available by link(s). This Agreement applies to ALL users of the Site, including without limitation users who are vendors, customers, merchants, contributors of content, information, advertisers, visitors, and providers of any other materials or services on the Site.

OVERVIEW

This website is operated by Aphrike Mall. Throughout the site, the terms “we”, “us” and “our” refer to Aphrike Mall. Aphrike Mall offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

 

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply    to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

 

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

 

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

 

Aphrike Mall is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. 

  1. APHRIKE MALL IS A MARKETPLACE FOR SMALL AFRICAN BUSINESSES.

Aphrike Mall is a marketplace for small businesses and acts as a venue to allow sellers, who comply with Aphrike Mall policies to offer, sell and buy certain products and other goods, products or services. We require each Seller (Shop Owner) only to accept payments from buyers via our approved credit card or paypal payments as a protective measure for the buyer.  Buyers should not provide payment to any Shop Owner other than via our approved credit card and PayPal.  Aphrike Mall is not directly involved in the transaction between buyers and sellers. As a Shop Owner or Advertiser of any products or services, you also agree to abide by our Prohibited, Questionable and Infringing Items and Activities as described and laid out in Section 5 below. Any products or services which are in conflict with this, or any policy, rules, guidelines, or terms of this site, will be removed by site management without warning or notice to the vendor. Notification of removal, if sent, will be made by vendors registered email address. If continued misuse or rule violations occur, we will remove your Shop permanently. No refund will be issued. Sellers and Buyers acknowledge while Aphrike Mall will take appropriate action (which is at the sole discretion of Aphrike Mall) against rule violations, we have no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. Aphrike Mall does not pre-screen sellers or the content or information provided by sellers. Aphrike Mall cannot ensure that a buyer or seller will actually complete a transaction.

Consequently, Aphrike Mall does not transfer legal ownership of items from the seller to the buyer. Aphrike Mall cannot guarantee the true identity, age, and nationality of a user. Aphrike Mall encourages you to communicate directly with potential transaction partners through the tools available on the Site. You may also wish to consider using a third-party escrow service or services that provide additional user verification.

You agree that Aphrike Mall is a marketplace and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on Aphrike Mall. You use the Aphrike Mall service at your own risk.

  1. SUBSCRIPTION ELIGIBILITY

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

Age: Aphrike Mall's services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. Aphrike Mall may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.

Individuals under the age of 18 must at all times use Aphrike Mall's services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In this case, the adult is the user and is responsible for any and all activities.

Compliance: You agree to comply with all federal, state, and local laws regarding online conduct and acceptable content. You are responsible for all federal, state, and local applicable taxes. In addition, you must abide by Aphrike Mall's policies as stated in the Agreement and the Aphrike Mall policy documents listed below (if applicable to your activities on or use of the Site) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by Aphrike Mall, each of which is incorporated herein by reference and each of which may be updated by Aphrike Mall from time to time without notice to you. It is YOUR responsibility to revisit this page and subsequent pages provided by links below to make sure you have the latest versions of each:

The Prohibited, Bad uses of Aphrike Mall Fees Policy, Privacy Policy, and Intellectual Property Policy.

In addition, some services offered through the Site may be subject to additional terms and conditions promulgated by Aphrike Mall from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.

Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify Aphrike Mall of any unauthorized use of your password or any breach of security. You also agree that Aphrike Mall cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than Aphrike Mall without Aphrike Mall's express written permission.

Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address. To sell items on Aphrike Mall you must provide and maintain valid payment information such as valid credit card information or a valid PayPal account.

Account Transfer: You may not transfer or sell your Aphrike Mall Shop, User ID, and/or Password to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.

Right to Refuse Service: Aphrike Mall's services are not available to temporarily or indefinitely suspended Aphrike Mall members. Aphrike Mall reserves the right, in Aphrike Mall's sole discretion, to cancel unconfirmed or inactive accounts. Aphrike Mall reserves the right to refuse service to anyone, for any reason, at any time.

  1. FEES POLICY


Fees and Termination: If Aphrike Mall terminates a listing or your Shop, if you close your Shop, or if the payment of your Aphrike Mall fees cannot be completed for any reason, you remain obligated to pay Aphrike Mall for all unpaid monthly fees plus any penalties, if applicable. If you wish to dispute a charge, contact Aphrike Mall.

You are responsible for paying all fees and applicable taxes associated with using Aphrike Mall. Aphrike Mall keeps accepted payment information on file. Payment is due on a month to month basis with no long-term contracts. Your monthly Shop Fee is automatically paid from your PayPal account on the first business day of each month, for that month, (unless otherwise stated). There is NO grace period. Failure to pay will result in your store being deactivated.

  1. LISTING AND SELLING


Listing Description: By listing anything on this site, you warrant that your actions and all aspects of the item(s) comply with the Aphrike Mall's published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your Aphrike Mall Shop. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing. If the "in stock" quantity is more than one, all items in that listing must be identical. Each unique item must have its own listing.

Shop Policies: All sellers are urged to outline Shop policies for their Aphrike Mall Shop. These policies may include, for example, shipping, returns, payment and selling policies. Sellers must create reasonable policies in good faith and must abide by such policies. All Shop policies must comply with Aphrike Mall's site-wide policies. Sellers are responsible for enforcing their own reasonable Shop policies. Aphrike Mall reserves the right to request that a seller modify a Shop policy.

Binding Sale: All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller's listing (such as payment method), or (b) the seller cannot authenticate the buyer's identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance which complies with the store owner’s policies.

Fee Avoidance: The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items. Sellers may not charge excessive shipping fees or otherwise avoid fees. You may not alter the item's price after a sale, misrepresent the item's location, or use another user's account without permission.

  1. THE PROHIBITED, BADUSES OF APHRIKE MALL


You are solely responsible for your conduct and activities on and regarding to Aphrike Mall and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on Aphrike Mall. Restricted Activities: To avoid prohibited, questionable and infringing items and activities, your Shop Content and your use of Aphrike Mall shall not:

  1. Be false, inaccurate or misleading.
    Be fraudulent or involve the sale of illegal, counterfeit or stolen items.
    C. Infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy (see also, Aphrike Mall's Intellectual Property Policy).
    D. Violate this Agreement, The Prohibited, Bad Uses of Aphrike Mall, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising).
    E. Items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall or any type of weapons are prohibited.
    F. Offer items not in your possession or items you cannot deliver.
    G. Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including Aphrike Mall staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device.
    H. Be obscene or contain any form of pornography.
    I. Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
    J. Host images not part of a listing.
    K. Modify, adapt or hack Aphrike Mall or modify another website so as to falsely imply that it is associated with Aphrike Mall;
    L. Appear to create liability for Aphrike Mall or cause Aphrike Mall to lose (in whole or in part) the services of Aphrike Mall's ISPs or other suppliers.
    M. Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement, the Privacy Policy, The Prohibited, Bad Uses of Aphrike Mall, or other policy documents as posted on Aphrike Mall.
    N. Be a wholesaler, import/export company, or mass producer - which are prohibited. Aphrike Mall is reserved for artisans, craftspeople, makers, and family-owned shops.

    Aphrike Mall staff has the final word as to whether any of the above has been infringed upon. If Aphrike Mall Staff determines there is a violation of any of the above or for any reason what-so-ever, they can remove the product from your listing, and perhaps, even remove/terminate your entire Shop without notice.

    Furthermore, you may not list any item on Aphrike Mall (or consummate any transaction that was initiated using Aphrike Mall's service) that, by paying to Aphrike Mall the monthly Shop fee, could cause Aphrike Mall to violate any applicable federal, state, or local law, statute, ordinance or regulation, or that violates the Terms of Use.
  2. CONTENT


License: You grant Aphrike Mall a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow Aphrike Mall to store or re-format your Content on Aphrike Mall and display your Content on Aphrike Mall in any way as Aphrike Mall chooses. Aphrike Mall will only use personal information in accordance with Aphrike Mall's Privacy Policy.

As part of a transaction, you may obtain personal information, including email address and shipping information, from another Aphrike Mall user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for Aphrike Mall-related communications. Aphrike Mall has not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any Aphrike Mall user to your email or physical mail list. For more information, see Aphrike Mall's Privacy Policy.

Re-Posting Content: By posting Content on Aphrike Mall, it is possible for an outside website or a third party to re-post that Content. You agree to hold Aphrike Mall harmless for any dispute concerning this use. If you choose to display your own Aphrike Mall-hosted image on another website, the image must provide a link back to its listing page on Aphrike Mall.

Idea Submissions: Aphrike Mall considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the "Material") to be non-confidential and non-proprietary, and Aphrike Mall shall not be liable for the disclosure or use of such Material. If, at Aphrike Mall's request, any member sends Material to improve the site (for example, but not limited to, the Forums or to Customer Support), Aphrike Mall will also consider that Material to be non-confidential and non-proprietary and Aphrike Mall will not be liable for use or disclosure of the Material. Any communication by you to Aphrike Mall is subject to this Agreement. You hereby grant and agree to grant Aphrike Mall, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sub-licensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.

  1. INFORMATION CONTROL


Aphrike Mall does not control the Content provided by users that is made available on Aphrike Mall. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense. Please notify us if you believe any of these have taken place on our site. We will investigate your claim immediately.

Additionally, there may also be risks dealing with international trade and foreign nationals. By using Aphrike Mall, you agree to accept such risks and that Aphrike Mall (and Aphrike Mall's officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on Aphrike Mall. Please use caution, common sense, and practice safe buying and selling when using Aphrike Mall.

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Other Resources: Aphrike Mall is not responsible for the availability of outside websites or resources linked to or referenced on the Site. Aphrike Mall does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that Aphrike Mall shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.

  1. MEETINGS


Users may choose to arrange and attend online virtual meetings or in-person meetings ("Meetings") with one or more individuals. Users are solely responsible for interactions with others. Users must comply with Aphrike Mall's policies and acknowledge and agree to comply with the laws of the city, county, State, and country in which the Meeting occurs. Additional eligibility requirements for a particular group or Meeting may be set by the group's contact person. Aphrike Mall is not involved with user generated groups, the groups' requirements, or the Meetings.

Aphrike Mall does not supervise or control the Meetings, user-initiated online or offline gatherings, or the interactions among and between users and other persons or companies. Users are solely responsible for interactions with others. Users understand that Aphrike Mall does not in any way screen its users. All users agree to exercise caution and good judgment in all interactions with others, particularly if meeting offline or in person.

  1. RESOLUTION OF DISPUTES AND RELEASE


In the event a dispute arises between you and Aphrike Mall, please contact Aphrike Mall. However, be mindful that we are the final say in ANY and ALL matters related to this site. It is our site, our rules and we are the final judge. If this is not acceptable, do not open a Shop.

Should you have a dispute with one or more users, or an outside party, you release Aphrike Mall (and Aphrike Mall's officers, directors, agents, subsidiaries, joint ventures, affiliates, partners, family and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Aphrike Mall encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.

Aphrike Mall, for the benefit of users, may try to help users resolve disputes but is not obligated to do so. Aphrike Mall does so in Aphrike Mall's sole discretion, and Aphrike Mall has no obligation to resolve disputes between buyers and sellers. To the extent that Aphrike Mall attempts to resolve a dispute, Aphrike Mall will do so in good faith based solely on Aphrike Mall's policies. Aphrike Mall will not make judgments regarding legal issues or claims.

  1. INTELLECTUAL PROPERTY POLICY


APHRIKE MALL, and other Aphrike Mall graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks, trade dress, copyrights and/or other intellectual property of Aphrike Mall in the U.S. and/or other countries. Aphrike Mall's trademarks, trade dress and copyrights may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner without our expressed written permission.

Sellers: In your shop, if you materially post a product for sale that is infringing upon someone else's intellectual property or copyright, you may be liable for damages (including costs and attorneys' fees). Therefore, if you are not sure whether your product/material infringes upon someone else's intellectual property or copyright, DO NOT POST IT! By opening your shop you accept full responsibility for all liability from intellectual property and copyright infringement and agree to indemnify, defend, protect and hold harmless Aphrike Mall from and against any damages, actions, liabilities, losses, costs and/or expenses of any kind whatsoever that Aphrike Mall incurs, including attorneys fees, as a result of (a) any breach by you the shop owner or (b) any other acts or omissions of you the shop owner relating to the legality of your posted products. Aphrike Mall may act expeditiously to respond to a proper notice of potential infringement by (1) removing or disabling access to material claimed to be subject of infringing activity; and (2) closing your shop until a resolution is confirmed. If Aphrike Mall closes your shop in response to such a notice, Aphrike Mall will make a good-faith attempt, but is not responsible, to contact you.

Aphrike Mall is a Marketplace and is not responsible or liable for potential intellectual Property or Copyright infringement of shop owners. If you believe that material residing on or accessible through the Aphrike Mall web site or service infringes a copyright or other intellectual property right, to provide Aphrike Mall of notice of such infringement, you must send a written notice of the infringement to the Designated Agent listed below. Please specify the type of infringement at issue and the notice must include the following information:

A. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or intellectual property right that has been allegedly infringed upon (by fax or regular mail - not by email, except by prior agreement);
B. Identification in sufficient detail of the material being infringed upon (for an allegation of a patent infringement, please provide a patent number);
C. Identification of the material that is claimed to be infringing upon the intellectual property. Include information regarding the location of the infringing material with sufficient detail so that Aphrike Mall is capable of finding and verifying its existence (for listings, please provide the shop name and offending item or items);
D. Contact information including the name of the intellectual property owner, the name and title of the person contacting Aphrike Mall on the owner's behalf, the address, telephone number and, if available, e-mail address;
E. A statement that you have a good faith belief that the material is not authorized by the intellectual property or copyright owner, its agent, or the law; and
F. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the intellectual property or copyright owner.

For notification of any issue regarding Intellectual Property and/or Copyright, please contact Aphrike Mall at the following address:

Aphrike Mall, LLC
Attn: Frederick Gbassana
2415 South 57th Street
Philadelphia, PA 19143

  1. ACCESS AND INTERFERENCE


Aphrike Mall may contain robot exclusion headers which contain internal rules for software usage. Much of the information on Aphrike Mall is updated on a real-time basis and is proprietary or is licensed to Aphrike Mall by Aphrike Mall's users or third-parties. You agree that you will not use any robot, spider, scraper or other automated means to access Aphrike Mall for any purpose whatsoever, except to the extent expressly permitted by and incompliance with Aphrike Mall's Terms or otherwise without Aphrike Mall's prior express written permission. Additionally, you agree that you will not:

Take any action that imposes, or may impose, in Aphrike Mall's sole discretion, an unreasonable or disproportionately large load on Aphrike Mall's infrastructure or servers.

Copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content (except for your Content) or other allowed uses as set out in The Prohibited, BadUses of Aphrike Mall from the Site except to the extent expressly permitted by and in compliance with Aphrike Mall's Terms or otherwise without the prior express written permission of Aphrike Mall and the appropriate third party, as applicable.

Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site

Bypass Aphrike Mall's robot exclusion headers or other measures Aphrike Mall may use to prevent or restrict access to Aphrike Mall.

  1. BREACH


Without limiting any other remedies, Aphrike Mall may, without notice, and without refunding any fees, delay or immediately remove Content, warn Aphrike Mall's community of a user's actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:

Aphrike Mall suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement, the Privacy Policy, The Prohibited, BadUses of Aphrike Mall, or other policy documents and community guidelines incorporated herein; Aphrike Mall is unable to verify or authenticate any of your personal information or Content; or Aphrike Mall believes that a user is acting inconsistently with the letter or spirit of Aphrike Mall's policies, has engaged in improper or fraudulent activity in connection with Aphrike Mall or the actions may cause legal liability or financial loss to Aphrike Mall's users or to Aphrike Mall.

  1. PRIVACY POLICY


Except as provided in Aphrike Mall's Privacy Policy Aphrike Mall will not sell or disclose your personal information (as defined in the Privacy Policy) to third parties without your explicit consent. Aphrike Mall stores and processes Content on computers located in the United States that are protected by physical as well as technological security.

  1. NO WARRANTY


APHRIKE MALL, APHRIKE MALL'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND APHRIKE MALL'S SUPPLIERS PROVIDE APHRIKE MALL'S WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. APHRIKE MALL, APHRIKE MALL'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND APHRIKE MALL'S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM APHRIKE MALL SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IF YOU LIVE IN ONE OF THESE STATES, DO NOT USE OUR SITE FOR ANY PURPOSE AS WE WILL NOT HONOR YOUR CLAIM AS YOU ARE NOT ALLOWED TO USE THIS SITE AND BY DOING SO YOU ARE IN VIOLATION OF THIS AGREEMENT MAKING YOUR CLAIM NULL AND VOID.

  1. LIABILITY LIMIT


IN NO EVENT SHALL APHRIKE MALL, AND (AS APPLICABLE) APHRIKE MALL'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR APHRIKE MALL'S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, APHRIKE MALL'S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.

APHRIKE MALL'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF APHRIKE MALL'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO APHRIKE MALL IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $1. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF YOU LIVE IN ONE OF THESE STATES, DO NOT USE OUR SITE FOR ANY PURPOSE AS WE WILL NOT HONOR YOUR CLAIM AS YOU ARE NOT ALLOWED TO USE THIS SITE AND BY DOING SO YOU ARE IN VIOLATION OF THIS AGREEMENT MAKING YOUR CLAIM NULL AND VOID.

  1. INDEMNITY


YOU AGREE TO INDEMNIFY AND HOLD APHRIKE MALL AND (AS APPLICABLE) APHRIKE MALL'S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.

  1. NO GUARANTY


Aphrike Mall does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside Aphrike Mall's control.

  1. LEGAL COMPLIANCE; TAXES


You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any Aphrike Mall service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site (excluding any taxes on Aphrike Mall's net income). By opening your shop you accept full responsibility for all tax liability of your shop and agree that you will indemnify Aphrike Mall against all tax liabilities relating in any way to the performance of your shop, including without limitation all liability for sales tax incurred in connection with products provided to the general public accessed via Aphrike Mall.

  1. SEVERABILITY


If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.

  1. NO AGENCY


You and Aphrike Mall are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended, implied or created by this Agreement.

  1. APHRIKE MALL SERVICE


Aphrike Mall reserves the right to modify or terminate the Aphrike Mall service for any reason, without notice, at any time. Aphrike Mall reserves the right to alter these Terms of Use or other Site policies at any time, so please review the policies frequently. If Aphrike Mall makes a material change Aphrike Mall will notify you here, by email, by means of a notice on our home page, or other places Aphrike Mall deems appropriate. What constitutes a "material change" will be determined at Aphrike Mall's sole discretion, in good faith, and using common sense and reasonable judgment.

  1. CHOICE OF LAW


This Agreement shall in all respects be construed and interpreted in accordance with the laws of the State of Tennessee, without regard to conflict of law provisions. Exclusive venue for litigation will be a state court of competent jurisdiction, located in New Castle county, Delaware. By execution and delivery of this Agreement, each party hereby irrevocably accepts for itself and in respect of its property, generally and unconditionally, the jurisdiction of the aforesaid courts with respect to any claims arising from or related to this Agreement.

  1. MEDIATION/ARBITRATION

Users and Aphrike Mall agree that any dispute regarding the interpretation or application of this Agreement shall be resolved by binding arbitration by a mutually agreed upon arbitrator by all parties from New Castle county, Delaware. All parties shall pay their own expenses; the arbiter may award attorney’s fees to the prevailing Party. By execution and delivery of this Agreement, each party hereby irrevocably accepts for itself and in respect of its property, generally and unconditionally, the authority of the arbitrator with respect to any claims arising from this Agreement

In the event of mediation/arbitration, each party will take affirmative steps to assure that there is no breach of the continuing requirement for confidentiality, as set forth in this Agreement.  In this regard, no filing that reveals confidential information may be made unless it is under seal.  Further, both parties will require all experts (if any), consultants, counsel, and persons privy to the mediation/arbitration, to adhere to the confidentiality order entered in the mediation/arbitration.  If for any reason a claim proceeds in court rather than in arbitration. Aphrike Mall and you each waive any right to a jury trial.

  1. SURVIVAL


Sections 3 (Fees Policy), 6 (Content), 7 (Information Control), 8 (Meetings), 9 (Resolution of Dispute and Release), 10 (Intellectual Property Policy), 11 (Access and Interference), 12 (Breach), 13 (Privacy Policy), 14 (No Warranty), 15 (Liability Limit), 16 (Indemnity), 17 (No Guaranty), 19 (Severability), 20 (No Agency), 22 (Choice of Law), 23 (Mediation/Arbitration) shall survive any termination or expiration of this Agreement.

  1. NOTICES


Except as explicitly stated otherwise, any notices shall be given by postal mail to Aphrike Mall, LLC, Attn: Frederick Gbassana, 2415 South 57th Street, Philadelphia, PA 19143 (in the case of Shop Aphrike Mall) or, in your case, to the email address you provide to Aphrike Mall (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Aphrike Mall may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Aphrike Mall. In such case, notice shall be deemed given three days after the date of mailing.

For issues with intellectual property, please provide the notice as specified in Aphrike Mall's Intellectual Property Policy.