Maalexi.com is a digital platform (‘Website’) that provides information management to Sellers and Buyers by allowing them to connect, communicate and transact with each other, in an easy, secure and reliable environment. The Seller or Buyer are referred to as ‘User’ singularly, and plurally as ‘Users’. Maalexi.com provides its online services under the commercial license of ‘Maalexi Inc.’, which owns and renders Maalexi.com, including its website and use. By clicking “I ACCEPT” OR OTHERWISE ACCESSING OR USING any of the services on Maalexi.com, User acknowledges to have READ, UNDERSTOOD, AND AGREED to be bound by these Terms of Service. User also represents that User has the legal authority to accept the Terms of Service on behalf of itself for availing any Services on Maalexi.com. If User does not agree to Maalexi.com Terms of Service, User should not use Maalexi.com. If User is an individual who is entering into these Terms of Service on behalf of an entity, User warrants that User has the power to represent that entity, and User hereby agrees on that entity’s behalf to be bound by these Terms of Service.
These Terms of Service apply on User if the User uses Maalexi.com in any form, which includes visiting and viewing Maalexi.com website as well as becoming a registered User in form of a registered Seller or Buyer.
These Terms of Service apply on User if the User uses Maalexi.com in any form, which includes visiting and viewing Maalexi.com website as well as becoming a registered User in form of a registered Seller or Buyer.
1.1. When the User browses Maalexi.com or sends e-mails to Maalexi.com, the User is communicating with Maalexi.com electronically. Maalexi.com will communicate with User electronically in a variety of ways, such as by emails, SMS, WhatsApp messages, newsletters, notifications or by posting communication on the website or through the other Maalexi.com channels, which includes through User dashboard (‘Seller and/or Buyer Dashboard’) notifications.
1.2. For contractual purposes, User agrees that all agreements, notices, disclosures, and other communications that Maalexi.com provides the User electronically satisfy any legal requirements that such communications be in writing, unless mandatory applicable laws specifically require a different form of communication.
RECOMMENDATIONS AND PERSONALIZATION
2.1. Maalexi.com will recommend features, services that might be of interest to User, identify User preferences, and personalize User experience.
2.2. User are free to accept or reject Maalexi.com recommendations where User think it deems fit.
COPYRIGHT, AUTHORS' RIGHTS AND DATABASE RIGHTS
3.1. All content included in or made available through any Maalexi.com, such as text, graphics, logos, button icons, images, audio clips, digital downloads and data compilations is the property of Maalexi.com or its content suppliers and is protected by applicable local and international copyright, authors' rights and database right laws.
3.2. User is not allowed to extract and/or re-utilize parts of the content of any Maalexi.com without Maalexi.com’s express written consent. In particular, User may not utilize any data mining, robots, or similar data gathering and extraction tools to extract at any-time for re-utilization any substantial parts of Maalexi.com content, until it is explicitly approved in writing by Maalexi.com.
3.3. User is also not allowed to create and/or publish User’s own database that features substantial parts of any Maalexi.com content (e.g., Maalexi.com prices and Item listings) without Maalexi.com’s express written consent.
3.4. Any infringement of Maalexi.com rights either partially or fully, direct or in-direct will result in requisite action from Maalexi.com.
RIGHTS OF ACCESS
4.1. Subject to User’s registration on Maalexi.com, the User is granted rights of access to Maalexi.com. This access does not include any resale or commercial use of Maalexi.com or its contents; any collection and use of any Item listings, descriptions, or prices; any derivative use of Maalexi.com or any of its content; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
4.2. All access rights are expressly granted to User in these Terms of Service are reserved and retained by Maalexi.com or its licensors, suppliers, publishers, rights holders, or other content providers.
4.3. No services of Maalexi.com, nor any part of any Maalexi.com, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without Maalexi.com express written consent.
4.4. User may not frame or use framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page alert, or form) of Maalexi.com without Maalexi.com express written consent. User may not use any meta tags or any other "hidden text" utilizing Maalexi.com's names or trademarks without Maalexi.com express written consent.
4.5. User is not allowed to misuse Maalexi.com and allowed to use as permitted by law.
4.6. These rights of access granted to User by Maalexi.com will terminate if User does not comply with these Terms of Service.
USER ACCOUNT AND RELATED RESPONSIBILITIES
5.1. User will need to register, along-with providing and getting User information verified by Maalexi.com to use services provided on Maalexi.com.
5.2. User agrees that after registration and/or subscription, the User will receive different types of communication from Maalexi.com that may include emails, SMS, WhatsApp messages, newsletters, and notifications.
5.3. User may need to be logged into the account and have a valid payment method associated with it to make payments for the services offered by Maalexi.com. If there is a problem in charging User selected payment method Maalexi.com may charge any other valid payment method associated with User account or issue User a debit note which User agrees to settle at immediate notice by either transferring funds to Maalexi.com’s bank account, payment gateway or providing new credit or debit card details.
5.4. If User uses Maalexi.com then User is responsible for maintaining the confidentiality of User account and password and for restricting access to User account, and to the extent permitted by applicable law User agrees to accept responsibility for all activities that occur under User account or password.
5.5. User should take all necessary steps to ensure that the password is kept confidential and secure, and should inform Maalexi.com immediately if User has any reason to believe that User password has become known to anyone else, or if the password is being, or is likely to be used in an unauthorized manner.
5.6. User is responsible for ensuring that the details User provides Maalexi.com are correct and complete, and is required to inform immediately, of any changes to Maalexi.com.
5.7. User can access User information through User dashboard that is available once the User logs in with User username and password on Maalexi.com.
5.8. User must not use Maalexi.com: (i) in any way that causes, or is likely to cause, access interruption, damage or impairment in any way, or (ii) for fraudulent purposes, or in connection with a criminal offence or other unlawful activity, or (iii) to cause annoyance, inconvenience or anxiety.
5.9. Maalexi.com reserves the right to refuse service, terminate accounts or remove or edit content if User are in breach of applicable laws, these Terms of Service or any other applicable terms and conditions, guidelines or policies.
5.10. Any accounts which are inactive, User has not logged-in, over a period of 365 (three-hundred and sixty-five) days from day the User account was created on Maalexi.com server/s, will be closed, and the Users will be intimated by a single email about this User account closure.
5.11. All User information (which includes transactional data) will be deleted from Maalexi.com server/s after 24 (twenty four) months from the date, when that data was entered on Maalexi.com, except in case where a legal authority or a court of law would restrict Maalexi.com to erase such an information for the User/s.
5.12. Users desiring closure of their account with Maalexi.com may send request to [email protected] mentioning “Close My Account, and Delete My Information’ in the subject line, and Maalexi.com will delete all data associated with the User account. Any ongoing transaction/s (or disputes) need to be fully closed before the User account can be closed and User data deleted.
RATINGS, REVIEWS, COMMENTS, COMMUNICATIONS AND OTHER CONTENT
6.1. Maalexi.com utilizes its proprietary rating engine (or algorithm) to gather information for certain indicators for each User.
6.2. Based on the information provided by the Seller and Buyer, during registration and subsequently verified, they are awarded badges (‘Corporate Badge’) on five levels of credibility – Platinum (highest), Gold (high), Silver (medium), Bronze (low) and Blue (very low or unrated). Five information parameters are used for arriving at scores for corporate credibility and these are:
6.2.1. Current Annual Revenue of the Company,
6.2.2. Number of Employees in the Company,
6.2.3. Years in Business,
6.2.4. Country of Incorporation,
6.2.5. Ownership Type.
6.3.The Corporate Badges are renewed on 01-January of each year, based on new information requested from Users by Maalexi.com.
6.4.Sellers and Buyers rate each other on a five-star scoring scale (‘Transaction Score’) based on their satisfaction levels on transactions executed between the two Parties on Maalexi.com. The five-star scoring scale has five parameters with scoring for: One (poor), Two (bad), Three (satisfactory), Four (good) and Five (excellent), to arrive at average transaction rating score for each Seller and/or Buyer.
6.5.User is allowed to post reviews, comments and other content; send communications (through forums and chat messages); and submit suggestions, ideas, comments, questions or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam".
6.6.User will not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of User’s Items or any other content that is incorrect.
6.7.Maalexi.com reserves the right to remove or edit such content and may block or delete User account if Maalexi.com finds continuous posting (more than three instances) of such content being placed from that User’s account.
6.8. If User believes that any content or advertisement for sale (or any listing) on Maalexi.com contains a defamatory statement, or that User’s intellectual property rights are being infringed by an item or information on Maalexi.com, please notify Maalexi.com by emailing to – [email protected].
6.9. If User posts customer reviews, comments, customer questions or answers, or other content generated by User for display on the website including any images, video or audio, all together "content", the User grants Maalexi.com a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, create derivative works from, distribute, Maalexi.com may store on Maalexi.com servers and those of third parties, make available, translate, and modify such content throughout the world in any media. User grants Maalexi.com and Maalexi.com’s sub-licensee the right to use the name that User submit in connection with such content.
6.10. User represents and warrants that the User owns or otherwise controls all of the rights to the content which the User posts; that the content is accurate; and that use of the content User supplies does not breach any applicable policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory).
6.11. User agrees to indemnify Maalexi.com for all claims brought by a third party against Maalexi.com arising out of or in connection with the content and material User supplies or uploads on Maalexi.com.
6.12. Maalexi.com has the right but not the obligation to monitor and edit or remove any activity or content. Maalexi.com takes no responsibility and assumes no liability for any content posted by User or any third parties on Maalexi.com.
7.1. User cannot use Maalexi.com, if User is the subject of United States (‘US’) sanctions or of sanctions consistent with US law imposed by the governments of the country where User is using Maalexi.com.
7.2. User must comply with all US export and re-export restrictions that may apply to goods, and services.
7.3. User may not use Maalexi.com if country of User’s citizenship or residence comes under or is part of US sanctions.
7.4. User cannot use Maalexi.com if country where User’s Items are stored is under US sanctions.
7.5. Nothing in these Terms of Service shall, or shall be interpreted or construed to, induce or require Maalexi.com or User to act in any manner (including taking or failing to take any actions in connection with a transaction) which is inconsistent with or penalized under any applicable EU laws, regulations, rules, or requirements.
8.1. The User indemnifies Maalexi.com for any loss of information stored on its servers and allows Maalexi.com to erase the stored information about the User and User’s transactions undertaken on Maalexi.com, after a period of 365 (three hundred sixty-five) days.
8.2. .It is Users own responsibility to keep the records or copies of all transactions, undertaken by the User on Maalexi.com, for any local or international accounting and tax purposes.
OTHER THIRD PARTIES
9.1. Parties other than Maalexi.com may operate store, provide services, or sell Item and/or Services on the Website.
9.2. In addition, Maalexi.com provide links to the sites of affiliated companies and certain other businesses. Maalexi.com is not responsible for examining or evaluating, and Maalexi.com does not warrant the offerings of, any of these businesses or individuals or the content of their websites.
9.3. Maalexi.com does not assume any responsibility or liability for the actions, Item, and content of all of these or any other third parties. When a third party is involved in User transactions, Maalexi.com may share User information related to those transactions with that third party.
LISTINGS AND ITEM INFORMATION
10.1. Maalexi.com publishes comprehensive Item related information on the Website as provided by the Seller, but the actual Item packaging and materials may cbe different to that displayed on the Website. All the prices provided, where the Total Sales Value ('TSV') is based on Delivery Terms like - EXW, CIF/CIP, DAP, and DDP basis, are subject to variations and based on estimated costs, whereby the actual costs incurred by Maalexi.com nominated partners maybe more than the estimations shown on the listing page. In the untoward events, where the actual costs incurrred for freight or shipment on CIF/CIP or DAP Delivery Term basis, are more than the estimated costs the Seller will be liable to pay the additional freight or shipment costs, and where the actual costs incurrred for importation on DDP Delivery Term basis, are more than the estimated costs the Buyer will be liable to pay the additional importation costs.
10.2. Maalexi.com recommends that User do not rely solely on the information presented on Maalexi.com by the Sellers. Buyers may contact Sellers, if required, through the Public Forum to fully understand the quality and quantity of Items, before buying any Items on the Website. When the Buyer clicks 'Buys Now' it initiates the order, and the Buyer becomes liable for any liabilities arising out of this activity.
10.3. Seller accepts full responsibility without any limitations to update the Item listings which the Seller publishes or uploads on Maalexi.com, any penalties that may result as a result on wrong information and non-updation of these listings will be fully borne by the Seller.
10.4. The Seller should in case of selling any Items that have been listed on Maalexi.com should immediately update the same on Maalexi.com, which if not updated will construe wrong information, and any accidental purchase by Buyer will result in penalties to the Seller.
10.5. For professionally prescribed Items, please carefully read the information provided by Seller, and contact Seller before purchasing on Maalexi.com.
10.6. Seller agrees that Maalexi.com and Maalexi.com’s approved third parties, may enhance the images or presentation of the Seller’s Item listing for providing a better a Buyer experience, and the Buyer agrees that Maalexi.com or Maalexi.com approved third parties maybe employed to enhance the quality of Seller’s listed Item images, and these enhancements will no way affect the quality or quantity or any other conditions of these Item listings.
10.7. Maalexi.com accepts no liability for inaccuracies or mis-statements about Items by Sellers, Manufacturers or other Third Parties.
SALES AND PURCHASE RELATED RESPONSIBILITIES
11.1. Maalexi.com has nominated below mentioned third parties to allow the Sellers to execute their contractual obligations as per the Sales and Purchase Agreement (‘SPA’) deemed signed and agreed by them with the Buyers on the Website:
11.1.1. Hedera Hashgraph, for storing and retrieving document and event hashes, as may be required.
11.1.2. Cotecna Inspection Services S.A., as the Inspection Agency (‘IA’) for providing remote and physical inspection services, and documentary support. IA will involve Pre-Shipment Verification that will result in Pre Shipment Verification Report (‘PSVR’) and, if required, issuance of Certificate of Conformity.
11.1.3. Escrow.com and/ or Tazapay, as the Escrow Facility Service Provider (‘EFSP’) for escrow services. Escrow is defined as a facility that allows the fund remitted by the Buyer to be blocked in an escrow facility (‘Escrow’), till the time a release instruction is provided for their release, which is subject to Seller’s fulfillment of all the contractual obligations mentioned in the SPA.
11.1.4. DHL and/or UPS as the Logistics Service Provider (‘LSP’) for pick-up and delivery of Items from the Seller Warehouse Address to the Delivery Port (in case of CIF/CIP Delivery Terms) or Buyer Warehouse Address (in case of DDP or DAP Delivery Terms). In case, where the Shipping Agency is provided by the Seller, Maalexi nominated LSP is not involved in the Shipmnent, and this is acceptable to the Buyer (the Seller's Shipping Agency ('SSA') will be deemed acceptable to Buyer once the Buyer clicks 'Buy Now' on the listing page), then the Seller will need to comply with following terms:
126.96.36.199. The original Shipment Document like - Air Waybill or Bill of Lading or Truck Waybill, will be picked-up by DHL directly from the office of LSP, immediately on disptach, before any payment is released from the escrow account,
188.8.131.52. The freight for the Shipment will be fully pre-paid and mentioned on the Bill of Lading as 'Freight Prepaid',
184.108.40.206. Once the Shipment Document has been issued the Seller waives its right to control, stop, seize or change the Delivery Port or the Consignee Name without due approval of the Buyer or through arbitration and legal modalities mentioned in the SPA,
220.127.116.11. The detention period allowed by the SSA should not be less than 14 (Fourteen) days at the Delivery Port.
11.1.5. Insurance for shipment will be done by DHL or UPS nominated cargo insurance company, or in case of application of Section 9.3. of the SPA, the Insurance will be provided, and be fully paid, by the Seller nominated Insurance Company but such a company needs to be acceptable to the Buyer (the Seller Insurance Company will be deemed acceptable to Buyer once the Buyer clicks 'Buy Now' on the listing page), before issuance of the Insurance Certificate.
11.2. When the Seller uploads the listing on Maalexi.com it is deemed that the Seller has accepted the terms of the SPA and this TOS.
11.3. The Buyer needs to inform the Seller about any specific import documentation requirements before clicking ‘Buy Now’ on Maalexi.com, through the Public Forum and will bear full responsibility if such a document is not provided at a later stage, and this should not become a basis for rejection of delivery by the Buyer for Items delivered by the Seller.
11.4. When the Buyer clicks ‘Buy Now’, it is deemed that the SPA is accepted by the Buyer and a digital SPA will be issued.
11.5. There can be different tyoes of Payment Terms offered by the Seller to the Buyer, which will be specified in the SPA.
11.6. In case of default, by the Buyer in not paying 100% of the TSV as specified in the SPA, the Buyer will be issued a ‘Penalty Invoice’ equal to 5% (Five percent) of the TSV as specified in the SPA, which needs to be paid within 15 (fifteen) days of this Penalty Invoice date and will be deducted before refunding the funds from the escrow account to the Buyer. Non- payment of the Penalty Invoice and repetition of this action of non-payment by more than three-times, will result in blockage and/or permanent removal of the Buyer from Maalexi.com.
11.7. Some documents maybe hashed on Maalexi.com, and those hashes are then stored on Hedera Hashgraph which can be referred for document or event checking purposes.
11.9. Once the SPA is issued the contractual obligations of both the Seller and Buyer are fully binding on each other.
11.10. In case of default, by the Seller in not providing the contracted Items as specified in the SPA, the Seller will be issued a ‘Penalty Invoice’ equal to 5% (Five percent) of the Total Sales Value (‘TSV’) as specified in the SPA, which needs to be paid within 15 (fifteen) days of this Penalty Invoice date. Non- payment of the Penalty Invoice and repetition of this action of non-payment by more than three-times, will result in blockage and/or permanent removal of the Seller from Maalexi.com.
11.11. The Users will create their respective account with the EFSP to avail the escrow services extended by the EFSP to Maalexi.com Users.
11.12. Buyer will remit the TSV amount as specified in the Escrow Contract or the Proforma Invoice issued by the Seller, within 5 (five) days of accepting the Escrow Contract.
11.13. Seller and Buyer provide Maalexi.com the authority to block, delay and release funds, placed under Escrow, as per these Terms of Service, as per the conditions mentioned in this TOS and SPA digitally agreed between Seller and Buyer on Maalexi.com.
11.14. The payment will be released to Seller as per the conditions stated in the SPA. If the Buyer is not satisfied by the Items delivered by the Seller than both the Seller and Buyer may enter into negotiations as per the arbitration or legal modalities mentioned in Sections 19 and 20 of the SPA.
11.15. Any taxes paid for making and receiving remittances have to be borne by the Users.
11.16. Maalexi.com facilitates Seller, if the Seller selects such a service at the time of creating a listing on Maalexi.com, to deliver Items as per the Delivery Terms mentioned in the SPA by nominating LSP and charging a Fulfilment Fee (‘FF’) which is variable fee and are ‘estimates’ of costs which include - Inspection Costs, Freight, Insurance, and any applicable Maalexi Discounts or Handling Fees. The FF will additionally include Import Clearance Fees and Import Duties & Taxes if the Delivery Terms are DDP, as mentioned in the SPA. In case where the Delivery Terms are EXW (Ex Warehouse), the Fulfilment Fees will include only Inspecion Costs and any applicable Maalexi Discounts or Handling Fees (if required).
11.17. In case where the Payment Terms in the SPA are:
11.17.1. 'Escrow - 100% Advance' then the FF will be invoiced to the Seller by Maalexi.com after the Delivery of Shipment. This FF wil be deducted from the payment released from escrow account to the Seller. FF will be shown as ‘Broker Commission’ to the Seller on the Escrow.com under the ‘Transaction’ details on the Escrow.com dashboard for the underlying Transaction.
11.17.2. Anyother Payment Terms the the FF will be invoiced in advance before the Shipment, immediately on receipt of PSVR issued by Inspection Agency, and needs to be settled within 5 (five) days of issuance of the Fulfilment Fee Invoice ('FF Invoice'), and if not settled will result in either delay or cancellation of Shipment, and penalties as mentioned in Section 11.10 of this TOS.
11.18. The deposition of funds in the Escrow account, or in case of other Payment Terms the issuance of the SPA, will trigger instruction to the Seller to make the Items ready for Inspection and Shipment, and arranging the required Documents as mentioned in Section 9.5. of the SPA.
11.22. Inspection Agency will be notified to conduct the Pre-Shipment Verification at the Seller Warehouse Address, and will issue the PSVR highlighting the condition of Items as per the SPA and the export readiness of the Shipment.
11.23. Seller will upload all Documents as mentioned in Section 9.5. of the SPA. Once all the Documents have been uploaded on Maalexi.com and Buyer intimated, the Buyer will digitally confirm acceptance within 1 (one) day of submission of these documents. Buyer’s Acceptance of the these Documents confirms the Buyer approval of documents for export and acceptance of the Shipment, as per the SPA. In case of no response from Buyer, within 1 (one) day of submission of the Documents, they will be automatically deemed accepted by the Buyer. In case the Buyer wants to reject the Documents then the Buyer will need to click ‘Reject’ button in the dashboard (on Maalexi.com) which will open the dispute. The reason for rejection will be provided by the Buyer on opening the dispute.
11.24. Buyer should note that rejection of compliant Documents, including Pre Shipment Verification report with 'Satisfactory' inference from the Inspection Agency, will result in penalties, and opening of dispute process by the Seller.
11.25. If the Shipment is done by Maalexi.com nominated LSP ('LSP'), a notification will be issued to pick-up the Shipment from the Seller Warehouse Address after the Buyer's acceptance of all the Documents mentioned in the SPA.
11.26. A Tracking Number will be issued by LSP or SSA to both the Parties that will be available on the Maalexi.com dashboard of the respective Parties, if the Shipment is done by Maalexi.com nominated LSP.
11.27. The payment will be released to the Seller as per terms mentioned in the SPA.
11.28. The delivery of the Shipment will be at the Delivery Port or Buyer Warehouse Address, as per Delivery Terms mentioned in the SPA.
11.29. The Users will need to comply with the service requirements and procedures, of the LSP as indicated on the LSP website. Maalexi.com may raise the Air Waybill on behalf of the Seller, in case of Air shipments by Express, but Maalexi.com does not bear any responsibility for the actual information or delivery made by the Seller or LSP and will not liable for any penalties that Seller may encounter as a result of such information being wrong or misleading.
11.30. Seller will accept to provide cargo insurance, from Maalexi.com nominated LSP’s Insurance Company (‘Insurer’) or Sellers own Insurer which is acceptable to Maalexi.com, for all Items till the point where the ownership of Items is legally transferred to the Buyer.
11.31. In case of cargo insurance claims, the Seller or Buyer will directly file claim with the Insurer without any recourse whatsoever to Maalexi.com.
11.32. Maalexi.com may nominate other third parties to enhance customer services on Maalexi.com.
11.33. The Users will need to comply with the service requirements and procedures, of all third parties mentioned in Section 11.1 of this TOS, as indicated on their respective websites, and any other third parties that may be added in the future. Any new third-parties added by Maalexi.com will be duly notified to the Users for their knowledge and information, and it is the responsibility of the Users to read and adhere to the terms of services of these third parties.
11.34. Buyer should note that in a special case of return of Items under the SPA, the shipping, duties & taxes and documentation for such a return will be borne by the Buyer.
11.35. Seller and Buyer are at liberty to discuss any After-Sales Services like Installation Services, Maintenance Services, and Warranties outside the scope of this Term of Service or the SPA.
11.36. Buyer bears full responsibility for payment of import duties and taxes, and documentary compliance for Items delivered under the SPA, and indemnifies Maalexi.com from any future claims for shortfall in duties and taxes, and documentary compliances. Buyer will co-ordinate with the LSP so that full compliance is achieved of import duties and taxes, and documentary, as per the local import requirements.
11.37. Buyer understands that any delays and rejections by the import authorities in Buyer selected country of import due to changes in regulations, errors in charging duties, Buyer’s inability to provide requisite documents for custom clearances, and any such events that do not allow the Items to be delivered to the Buyer, are not in control of Maalexi.com and the Buyer bears full responsibility for such compliances.
11.38. In case of an untoward event whereby the costs incurred for export and delivery of Items is more than the FF estimated by Maalexi.com, it will be communicated to the Seller, Maalexi.com will raise the invoice ‘Service Fee Invoice’ for the additional costs incurred, which the Seller will need to a pay within 5 (five) days of this Service Fee Invoice date.
11.39. In case of an untoward event whereby the costs incurred for import clearance of Items (when the Delivery Terms as per the SPA is DDP) is more than the estimated cost by Maalexi.com it will be communicated to the Buyer, and Maalexi.com will raise the invoice ‘Service Fee Invoice’ for the additional costs incurred, which the Buyer will need to a pay within 5 (five) days of this Service Fee Invoice date.
11.40. Seller and Buyer will rate the experience after the delivery of Shipment to the Buyer, within 24 (twenty-four) hours of notification to rate each other.
11.41. All documents will be uploaded by the Seller, and all acceptances will be done by the Buyer, where required, on their respective Maalexi.com dashboards.
GOVERNING LAW AND GUIDING PRINCIPLES
12.1. Questions relating to this TOS that are not settled by the provisions contained in the contract itself shall be governed by the United Nations Convention on Contracts for the International Sale of Goods (Vienna Sales Convention of 1980, hereafter referred to as CISG).
12.2. Questions not covered by the CISG shall be governed by the UNIDROIT Principles of International Commercial Contracts, 2016 (hereafter referred to as UNIDROIT Principles), and to the extent that such questions are not covered by the UNIDROIT Principles, will be governed by the Delaware State Law.
12.3. This TOS is construed under Delaware State Law.
12.4. The place of legal court for this TOS will be in Delaware (United States of America).
DISPUTES AND ARBITRATION
13.1. All the Parties will try to resolve their differences (for the purpose of this section, is referred to as “Dispute”) through mutual consensus which if not reachable will then proceed for arbitration based on the rules of American Arbitration Association (‘AAA’), United States of America, and the arbitration should be done digitally (for details on AAA please refer - https://www.adr.org/).
13.2. Any dispute arising out of the formation, performance, interpretation, nullification, termination or invalidation of terms in this SPA or arising therefrom or related thereto in any manner whatsoever, shall be settled by arbitration in accordance with the provisions set forth under the Arbitration Rules (“the Rules”), by one or more arbitrators appointed in compliance with the Rules of the Arbitration Center. The language of arbitration will be English.
13.3. For the purposes of this section, Parties waive any objection to either the Arbitration Center for arbitration for prosecution, as applicable, on the grounds that either of them is an inconvenient or inappropriate forum to settle any Dispute.
14.1. Maalexi.com will penalize any of the Parties as mentioned in Section 11.6 and 11.10 of this TOS.
14.2. Both Parties allow Maalexi.com exclusive right to block and/or delete accounts of either Seller and/or Buyer which default three times on their obligations under these Terms of Service and the SPA.
14.3. Both Parties understand that defaulting on their contractual obligations under these Terms of Service and are fully aware that any breach to this agreement will result in adverse impact to their ratings and reviews on Maalexi.com. Any breaches to this agreement may result in Maalexi.com employing legal measures to recover the amounts owed for unpaid invoices issued by Maalexi.com to Users.
14.4. Other penalties that will apply to default on the transaction after the General Escrow Instruction on Escrow.com are accepted will be as per those General Escrow Instruction.
ALTERATIONS TO SERVICE OR AMENDMENTS TO THE TERMS OF SERVICE
15.1. Maalexi.com reserves the right to make changes to any Maalexi.com’s policies, terms and conditions under this Terms of Service, at any time.
15.2. User will be subject to Terms of Service, and policies, in force at the time that User uses Maalexi.com. If any of these Terms of Service is deemed invalid, void, or for any reason unenforceable, that these Terms of Service will be deemed severable and will not affect the validity and enforceability of any remaining sections under this Terms of Service.
If User breach these Terms of Service and Maalexi.com take no action, Maalexi.com will still be entitled to rights and remedies.
MAALEXI.COM CONTACT DETAILS
17.1. Maalexi.com is operated under commercial license of ‘Maalexi Inc.’
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF RIGHT INFRINGEMENTS
18.1.If User believe that User’s rights are being infringed, User may send a formal email describing User issue or concern, to Maalexi.com on [email protected] .
18.2. Upon receipt of User email Maalexi.com may take certain actions, including removing information or an item, all of which are taken without any admission as to liability and without prejudice to any rights, remedies, or defenses, all of which are expressly reserved.
18.3. In sending User email, User grants to Maalexi.com the right to use, reproduce, modify, adapt, store, publish, translate, create derivative works from, and display its content throughout the world in any media. This includes forwarding User email to the parties involved in the provision of the infringing content.
18.4. User agrees to indemnify Maalexi.com for all claims brought by a third party against Maalexi.com arising out of or in connection with the submission of User email.
18.5. Note on Third Party Seller Listings: Third Party Seller listings are merely hosted on Maalexi.com and are posted solely at the direction of Third-Party Sellers who may be contacted via their website, accessible from any of their listings.