Terms of Service

OVERVIEW

This website (the “Site”) is operated by Malla Ventures Inc. and its affiliates and/ or subsidiaries (“Malla”). Throughout the site, the terms “we”, “us” and “our” refer to Malla. Malla offers this website, including all information, tools, its productsand services, including those products and services provided by its affiliates and subsidiaries, (the “Services”) to you through the Site, conditioned upon your acceptance of all of the terms, conditions, policies and notices stated herein.

By visiting our Site and/ or purchasing Services, you engage in our “Service” and agree to be bound by the following termsand conditions (“Terms of Service” or “Terms”), including those additional terms and conditions and policies referencedherein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitationusers who are browsers, vendors, customers, merchants, and/ or contributors of content. If you check a box that signifies your agreement, you have accepted these Terms.

IMPORTANT HEALTH INFORMATION IF YOU BELIEVE YOU ARE EXPERIENCING A MEDICAL EMERGENCY, SEEK IN-PERSON EMERGENCY CARE IMMEDIATELY OR DIAL 911. THE SERVICES ARE NOT APPROPRIATE FOR ALL MEDICAL CONDITIONS OR CONCERNS. THIS AGREEMENT IS SUBJECT TO CHANGE AS PROVIDED HEREIN

SECTION 1: AGE RESTRICTIONS

By agreeing to these Terms of Service, you represent and warrant that you are at least eighteen (18) years of age or older, or at least the age of majority in your jurisdiction of residence if higher than eighteen (18). If you are granting consent for a minor dependent to use this Site, you represent and warrant that you are the parent or legal guardian of such minor, have the legal power to consent on their behalf, and agree to be bound by these Terms on their behalf. The Services are not intended for individuals under the age of thirteen (13), and such individuals are prohibited from using the Services, even with parental or guardian consent.

SECTION 2: USE AND OWNERSHIP

The Service and all information, content, and materials available through the Service are protected by copyright and other intellectual property laws. Subject to your compliance with these Terms of Service, Malla grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial use only. This license does not permit you to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any content on the Service, without express written permission by Malla. All rights not expressly granted to you in these Terms of Service are reserved and retained by Malla and its licensors. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Service. Any unauthorized use of the Service or its content automatically terminates the license granted by Malla and may result in legal action.

SECTION 3: SECURITY OF YOUR ACCOUNT; RESTRICTIONS

We use commercially reasonable encryption technology to protect personally identifiable information during transmission and storage; however, you acknowledge that no method of transmission over the Internet or electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security. You further acknowledge that the use of the Service may be subject to limitations, delays, and other problems inherent in the use of software, hardware, and the Internet, including network failures, interruptions, or security breaches, and we are not responsible for any delays, delivery failures, or other damage resulting from such issues.

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.

You may be required to register and set up an account to access certain Services. You agree to provide current, complete, and accurate purchase and account information as prompted. If you create an account, you are solely responsible for maintaining the confidentiality and security of your account and password, and for restricting access to your computer or device. You agree to accept full responsibility for all activities that occur under your account or password. You further agree not to use anyone else's account at any time, and not to allow others to use your account. You agree to immediately notify Malla of any unauthorized use of your username, password, or any other breach of security. Malla will not be liable for any loss or damage arising from your failure to comply with this section.

We reserve the right to refuse Service to anyone for any reason at any time.

SECTION 4: PRICING; FEES; PAYMENTS; REFUNDS

I.               Payment Authorization; Handling of Declined Payments; Insurance. By providing a payment card health insurance information, or other payment method, you authorize us (and our designated payment processors) to charge the applicable fees and any applicable taxes for your purchase(s) to the payment method you provide. If you provide health insurance information, you authorize us to bill your insurance carrier for the covered services. You are responsible for providing accurate and up-to-date insurance information and for any co-payments, co-insurance, deductibles or amounts not covered by your insurance plan. If your payment method or insurance cannot be verified, is invalid, or is otherwise not acceptable, your order may be suspended or cancelled. If your payment is declined or otherwise not successfully processed, we may attempt to process your payment using any updated card information provided by your issuing bank or card network, or request that you provide a new payment method. You agree to promptly update your account and other information, including your email address and payment card numbers, expiration dates or insurance information, so that we can complete your transactions and contact you as needed. We are not responsible for any fees or charges that your bank, payment provider or insurance carrier may apply 

II.              Pricing Changes; Accuracy. We strive to ensure that all pricing, product descriptions, and other information on our website are accurate. However, we reserve the right to correct any errors, inaccuracies, or omissions at any time, including after an order has been submitted, and to change or update information or cancel orders if any information on the site is inaccurate, without prior notice (including after you have submitted your order). If we discover an error in the price or description of a product or Service you have ordered, we may inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If your order is cancelled and you have already paid, you will receive a full refund. We also reserve the right to charge the correct price for any product or Service, even after an order has been placed, in accordance with applicable law. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product made on this site is void where prohibited 

III.            Limited Quantities. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

IV.            Taxes. You are responsible for any applicable sales, use, value-added, or other governmental taxes, fees, or duties due with respect to your purchase and use of our products and Services. Where required by law, we will collect applicable taxes at checkout and remit them to the appropriate authorities. The amount of tax charged at checkout is based on applicable tax rates and the shipping address provided. If taxes are not collected at checkout, you may be responsible for reporting and paying such taxes directly to the appropriate tax authority.

V.             Account Updates. If you have created an account, you are responsible for keeping it accurate and up to date or request to terminate it. You represent that at all times your account information is current, complete and accurate.

VI.            Subscriptions; One Time Purchases. We may offer subscriptions to our Services and/ or a la carte (one-time purchase) options for our products and Services. Please note that the availability of these purchase options, as well as the products themselves, is subject to change or discontinuation at our discretion. We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you, whether as part of a subscription or one-time purchase, will meet your expectations, or that any errors in the products or Services will be corrected. The same terms apply equally to both subscriptions and one-time purchases of products and Services.

VII.          Refund Policy. You may cancel your subscription at any time after the first month. Please note that we do not offer refunds for partially used subscription periods. Refunds are not provided for any unused portion of a subscription term after cancellation. However, in certain circumstances and at our sole discretion, we may provide a refund or credit, consistent with our policies and applicable law. Unfortunately, we don't accept returns of product or do exchange of product. If your order was damaged in-transit, or if you've received the wrong order, please reach out to our customer service team immediately by emailing support@malla.co.

SECTION 5: THIRD PARTY INTEGRATIONS; THIRD PARTY TOOLS

We may provide access to third-party tools, integrations, content, products, or links to third-party websites (collectively, “Third-Party Services”). You acknowledge and agree that your use of any Third-Party Services is entirely at your own risk. We do not monitor, control, endorse, or assume any responsibility for any Third-Party Services, and we make no representations or warranties of any kind regarding them. Any interactions, transactions, or communications you have with third parties are solely between you and the third party, and we expressly disclaim any and all liability arising from or relating to your use of or reliance on any Third-Party Services. It is your responsibility to review and accept the applicable terms, policies, and privacy practices of any third-party provider before using their tools or services. Any new features or services we may offer in the future will also be subject to these Terms regarding third parties. Any complaints, claims, concerns, or questions regarding third-party products or services should be directed to the relevant third party.

SECTION 6: YOUR DATA

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, orotherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful,offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’sintellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy,personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any wayaffect the operation of the Service or any related website. You may not use a false email address, pretend to be someoneother than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible forany comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted byyou or any third-party.

Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 7: ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies oromissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times andavailability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information orcancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice(including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information inthe Service or on any related website has been modified or updated.

SECTION 8: PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a)for any unlawful purpose, unauthorized, fraudulent or malicious purpose; (b) to solicit others to perform or participate inany unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d)to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion,ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit virusesor any other type of malicious code that will or may be used in any way that will affect the functionality or operation of theService or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i)to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with orcircumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the rightto terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 9: DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time,without notice to you. You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Malla, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data,replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claimrelated in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product)posted, transmitted, or otherwise made available via the Service, even if advised of their possibility.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidentaldamages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 10: INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Malla and our parent, subsidiaries, affiliates, partners, officers,directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from and against any and all claims, demands, damages (including but not limited to direct, indirect, incidental, consequential, and punitive damages), liabilities, losses, costs, expenses, settlements, and judgments (including reasonable attorneys’ fees and costs), whether brought directly or indirectly, and whether made by any party (including but not limited to third parties or Malla itself), arising out of or relating to your breach of these Terms of Service or the documents they incorporate by reference, your violation of any law or the rights of any party, your fraud, willful misconduct, or your use of the Services. Malla reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Malla in the defense and settlement of such claim.

SECTION 11: SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, suchprovision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portionshall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 12: TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site.

Malla reserves the right to terminate your access to the Services at any time and for any reason, with or without notice, at its sole discretion. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate your account or an order at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

You may not use our Services 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 of Service will result in an immediate termination of your Services.

Upon termination of your access to the Services for any reason, you may not attempt to access or use the Services in any manner. Any attempt to access or use the Services after termination will result in your obligation to indemnify and hold harmless Malla from any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to such unauthorized access or use.

SECTION 13:  DISPUTE RESOLUTION, ARBITRATION, AND CLASS ACTION WAIVER.

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

You and Malla agree that these Terms of Service affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions, except where prohibited by applicable state law. This Section is intended to be interpreted broadly and governs any and all disputes between us, including but not limited to claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before this or any prior Terms of Service (including, but not limited to, claims related to advertising); and claims that may arise after the termination of these Terms of Service. However, please note that the arbitration agreement and any class action waiver set forth in this Section may not be enforceable in all jurisdictions. If such waivers or prohibitions are not enforceable under the laws of your state, or if applicable law provides you with rights that cannot be waived, then those provisions will not apply to you, and you will retain any rights that cannot be waived under state law. Additionally, certain claims may be excluded from arbitration as required by applicable law.

Opt-Out of Arbitration Agreement: Notwithstanding the above, you may opt out of the arbitration agreement by sending written notice of your decision to opt out to support@malla.co within thirty (30) days of first accepting these Terms of Service. Your opt-out notice must include your name, address, the email address associated with your account, and a clear statement that you wish to opt out of the arbitration agreement. If you opt out of the arbitration agreement, all other parts of these Terms of Service will continue to apply to you. Opting out of this arbitration agreement has no effect on any previous, other, or future arbitration agreements you may have with us.

Initial Dispute Resolution: Most disputes can be resolved without resort to litigation. You agree that before taking any formal action, you will contact us at support@malla.co, and provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account). Except for intellectual property and small claims court claims, or other claims that cannot be subject to arbitration under applicable law, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with Malla, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.

Binding Arbitration: If the parties do not reach an agreed-upon solution within a period of sixty (60) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below, except for claims that are excluded from arbitration as required by law or where arbitration provisions are not enforceable under applicable law.

SECTION 14: MOBILE TERMS OF SERVICE

The Malla mobile message service (the "Service") is operated by Malla (“Malla”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any ofits features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Malla’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Malla through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialingsystem or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is nota condition of any purchase with Malla. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to

+18885307370 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-timeopt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Malla mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to +18885307370 or email support@malla.co.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of thesechanges. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made insuch messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree toprovide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed,

SECTION 15: ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

The information made available on this Site is provided on an "as is" and "as available" basis. We make no representations or warranties regarding the accuracy, completeness, or timeliness of any information on this Site. Thematerial on this Site is provided for general informational purposes only and should not be relied upon or used as the solebasis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Your use of this Site is entirely voluntary and at your sole risk. Any reliance on the material on this Site is atyour own risk.

This Site may contain certain historical information. Historical information, by its nature, is not current and is providedfor 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.

SECTION 16: ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver ofsuch right or provision. These Terms of Service and any policies or operating rules posted by us on this Site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of theService, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written,between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 17: GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of New York (without reference to the conflicts of laws provisionsthereof). Any action, suit, or other legal proceeding which is commenced to resolve any matter arising under or relating toany provision of this Agreement shall be commenced only in a court of the State of New York or, if appropriate, a federalcourt located within New York, and the Company and you each consents to the jurisdiction of such a court.

SECTION 18: CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our solediscretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our Site periodically for changes. Your continued use of or access to our Site or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 19: CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at support@malla.co