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TERMS AND CONDITIONS OF USE

Thanks for shopping at DIGITALSOCIALMALL.com. The following Terms and Conditions of Use ("Terms and Conditions") apply to our website (www.digitalsocialmall.com), mobile applications, other purchases ("Purchases"), and/or related services (the "Services"), and regulate the conditions of access, use, and services offered by www.digitalsocialmall.com. Similarly, these Terms and Conditions govern your membership to www.digitalsocialmall.com, your purchases, and the use of the products available. The Services are provided by DIGITAL SOCIAL MALL ("DIGITAL SOCIAL MALL" or "We" or "Our" and similar references). DIGITAL SOCIAL MALL is a trademark owned by Digital Social Mall, LLC.
To make purchases and to use the Services offered by DIGITAL SOCIAL MALL, it is essential to understand and to accept that you have read, recognized and agreed to these Terms and Conditions. If you disagree with these Terms and Conditions, you should not make purchases and/or use the Services at www.digitalsocialmall.com.

In order for you to be able to register and obtain a DIGITAL SOCIAL MALL membership, to make purchases, or to use Services through the DIGITAL SOCIAL MALL sites, you acknowledge and agree:

1.GENERAL

DIGITAL SOCIAL MALL is a company that sells products and services at member-only prices. The products and services are offered by Digital Social Mall, LLC, company registered in United States of America, with headquarters at 8298 NW 14 Street, Doral, Fl 33126. The owner of the domain digitalsocialmall.com and the website www.digitalsocialmall.com is Digital Social Mall, LLC.
These Terms and Conditions have been executed by you and constitute an agreement between you and DIGITAL SOCIAL MALL. You guarantee that: (1) you are at least eighteen (18) years old, (2) have legal age to establish a binding contract, (3) there is no impediment for purchasing and/or receiving services under the United States’ or Colombia’s law, or any other applicable jurisdiction.
You must establish and use your membership at the DIGITAL SOCIAL MALL’s sites. Also, you must purchase and use the products and services available on the site www.digitalsocialmall.com in strict compliance with these Terms and Conditions and all applicable laws, rules and regulations (collectively, "Laws"). All phone calls, emails and other forms of communication between you and DIGITAL SOCIAL MALL may be recorded or monitored for quality, testing, or training purposes.

2.USING THE SERVICES

Once you complete and submit your registration, you have agreed to receive emails from us. You cannot make purchases and/or use the Services for any purpose that is unlawful or prohibited by these Terms and Conditions or by the law. You cannot solicit the performance of any illegal activity that could infringe DIGITAL SOCIAL MALL’s or others’ rights. Without prejudice to any other rights or restrictions in these Terms and Conditions, you may not make purchases and/or use the Services with the following purposes: (i) to transmit information, data, text, images, files, links , or programs, except in connection with your authorization to make purchases and/or to use the Services or, otherwise, in response to specific information requests from us, (ii ) to introduce computer viruses, worms, Trojans and/or harmful code to Our websites, mobile applications, or any other service, (iii) to obtain unauthorized access to any of Our computer systems, (iv) to impersonate any person, including, but not limited to, a registered user, or a DIGITAL SOCIAL MALL employee; (V) to invade the privacy or to violate any personal or proprietary rights (including intellectual property rights) of any person or entity; (VI) forging the identity of a user or use a fake email address, (VII) to manipulate or to access without authorization Our websites or mobile applications or components, ( VIII ) to conduct fraudulent activities, or (IX) to collect or gather information relating to other users of the Services for any reason, including, without limitation, to send unsolicited commercial emails.
You are responsible for maintaining the confidentiality of your account and password, and accept the responsibility for all activities that occur under your account or password. Similarly, you agree to immediately notify DIGITAL SOCIAL MALL (by phone or by email at team@digitalsocialmall.com) in case of any unauthorized use of your account or any other security breach.

3.MEMBERSHIP

a) You can obtain your membership and become a member visiting www.digitalsocialmall.com. The membership requires that: (1) you are at least eighteen (18) years old, (2) you have duly completed your registration, (3) you have not been previously removed or suspended by DIGITAL SOCIAL MALL, (4) you have to indicate acceptance of these Terms and Conditions, (5) you have to provide contact information and identification data, and (6) you have to provide any other type of authentication requested as part of the registration process. You agree to accept the responsibility for all activities that occur under your account or password. You are responsible for maintaining the confidentiality of your account and password and for restricting access to them.
b) You may terminate your membership at any time by contacting Customer Service, as specified in the link Contact Us in www.digitalsocialmall.com. The cancellation of the account does not release the member from complying with his/her obligations when making a purchase. DIGITAL SOCIAL MALL can cancel your membership and refuse any use of it , without notice if: (1 ) it is necessary to comply with the applicable law, (2) if the information provided by you is false, inaccurate, not current or incomplete; (3) if DIGITAL SOCIAL MALL determines that you are using your membership in a manner that is not permitted by these Terms and Conditions, (4) if the account is inactive for more than 12 months, and (5) in other determined circumstances at DIGITAL SOCIAL MALL’s discretion.
c) Your membership is NOT transferable and therefore cannot be assigned to others.
d) You may NOT use your membership for commercial or competitive purposes.

4.INVITATIONS & INCENTIVES

DIGITAL SOCIAL MALL authorizes its members to invite other people to register in www.pincourt.com. These invitations should be sent voluntarily. DIGITAL SOCIAL MALL is not responsible for any consequences resulting from these invitations.
Incentives in the form of store credits applicable to future purchases (at www.digitalsocialmall.com) will be offered from time to time to stimulate customers who refer friends. The referral program establishes that if a member invites his/her friends to become members of DIGITAL SOCIAL MALL, the existing member will receive a store credit once their friends make a qualified purchase in www.digitalsocialmall.com and the order ships successfully. Store credits will be valid for up to six (6) months after the invitation is accepted and meets the referral program requirements. Invitations can be sent through any authorized channel (i.e. www.digitalsocialmall.com, Facebook, or other channel established by DIGITAL SOCIAL MALL). For every qualified order, the beneficiary’s account (person who sponsored or referred his/her friends) will be credited with a monetary reward (in COP-Colombian pesos or U.S. dollars), or any other incentive previously published and/or promoted. Each store credit will be available for use approximately twenty-four (24) hours after the qualified order has been approved and has shipped. Store credits can only be redeemed for the purchase of products or services in www.digitalsocialmall.com. Store credits or incentives are not transferable and have no cash value, are promotional in nature, and are issued without any exchange of money. All credits and/or incentives have expiration dates. We reserve the right, at any time, at Our discretion, and without notice, to discontinue the incentive program or to change the program rules, terms or conditions, including the modification of expiration periods or value of the incentives.
You agree that having multiple accounts in www.digitalsocialmall.com is a violation to these Terms and Conditions. Invitations sent to emails with the purpose of avoiding, in bad faith, the conditions and rules of the referral program can lead to the loss of your membership and all of the credits/rewards associated with your account. DIGITAL SOCIAL MALL reserves the right to cancel invitations and/or credits earned fraudulently. You shall not engage in any marketing, advertising, or other promotional activities on behalf of DIGITAL SOCIAL MALL, or any of its brands.

5.ORDER PROCESSING

You agree that to be able to buy in www.digitalsocialmall.com, you must have the legal capacity to sign a contract for the purchase of products and services at DIGITAL SOCIAL MALL. By submitting your order via shopping bag at www.digitalsocialmall.com, you agree to all of the Terms and Conditions applicable. DIGITAL SOCIAL MALL keeps computer records of all transactions made in www.digitalsocialmall.com, including but not limited to purchases, cancellations, returns, billing information, claims, etc. These records could be used as evidence for transactions made between you and DIGITAL SOCIAL MALL.
DIGITAL SOCIAL MALL will communicate with you by email, every time you place an order. Such emails may include, but are not limited to, order statements, invoices, purchase conditions, order description, shipping/delivery information, etc.
In certain circumstances DIGITAL SOCIAL MALL may, at its discretion, choose not to process or cancel your order. This can occur when the product or service you want to buy is out-of-stock, its price is incorrect, there is suspicion that the transaction is fraudulent, or in any other situation that DIGITAL SOCIAL MALL considers appropriate. DIGITAL SOCIAL MALL reserves the right to verify your identity prior to processing an order. DIGITAL SOCIAL MALL will refund any charges for orders that are not processed or that have been canceled.
DIGITAL SOCIAL MALL is not responsible for mistakes, typos, etc. that you make when you place your order. You can always go back and/or get out of the payment page prior to finishing your order, and the order will not be submitted. You can also add or remove items from your shopping bag, before confirming and/or placing your order.

6.PAYMENTS

The authentication of any banking information supplied by you it is the responsibility of the financial institution that provides the payment verification service to DIGITAL SOCIAL MALL. Payments can be made using credit or debit cards. To complete the transaction, the debit or credit cards used by the customer must be accepted by DIGITAL SOCIAL MALL’s payment gateway. In some regions, payments can be made through bank account transfers, in cash at designated locations, and/or any other form that is explicitly announced and approved by DIGITAL SOCIAL MALL. In the event that a bank or financial institution refuses or declines a transaction, DIGITAL SOCIAL MALL will proceed to cancel the order. Deferred payments, checks, or other payment methods different to the aforementioned will not be accepted. All products and/or services will be owned by DIGITAL SOCIAL MALL or by its supplier until the order (including any additional charge or fee) has been paid in full, has been approved, and has been processed.

7.RETURNS AND REFUNDS

DIGITAL SOCIAL MALL accepts returns of certain products, depending on the case and situation. To see DIGITAL SOCIAL MALL’s Return Policy, please visit www.digitalsocialmall.com/returns. This policy may change without notice.
If a charge was incorrectly applied to you, or if an order was placed without your consent, you can request the order cancellation and the respective refund. However, if a transaction has been done as result of negligence or improper use of your login credentials, the refund will be denied.

8.PRODUCT AND SERVICE DESCRIPTION

DIGITAL SOCIAL MALL is committed to providing accurate descriptions for all products and services offered in www.digitalsocialmall.com. However, DIGITAL SOCIAL MALL does not guarantee that the descriptions are one hundred per cent (100%) correct, complete, totally reliable, current or error-free. If a product or service exhibited on www.digitalsocialmall.com does not match its description, you can return it as specified on these Terms and Conditions, and/or Return Policy.

9.PRICING INFORMATION

Prices for each product or service are shown on www.digitalsocialmall.com. The currency presented may vary by country and/or by the currency the customer selects in DIGITAL SOCIAL MALL’s homepage. Prices of products and services may include applicable taxes. Prices do not always contain shipping costs.
DIGITAL SOCIAL MALL is committed to providing accurate pricing information for all products and services available in www.digitalsocialmall.com. However, DIGITAL SOCIAL MALL does not guarantee that all of the prices are error-free. DIGITAL SOCIAL MALL reserves the right, at its discretion, to process or not process, or to cancel any order for a product or service whose price was published incorrectly. If this situation occurs, DIGITAL SOCIAL MALL will notify you by email. Furthermore, DIGITAL SOCIAL MALL reserves the right, at its discretion, to adjust or change prices to correct any typos or errors.

10.DISCOUNTS

Prices of products or services offered through www.digitalsocialmall.com may contain discounts. These discounts will not align with the product MSRPs (manufacturer suggested retail price) or distributors’ pricing. The relationship between the discounted price offered by DIGITAL SOCIAL MALL and the price published by the manufacturer is merely informative. DIGITAL SOCIAL MALL does not guarantee that the discount estimation is error-free, or that the information is completely reliable or current.

11.PRODUCT AND SERVICE AVAILABILITY

The products or services offered in www.digitalsocialmall.com may contain information about the product and/or service availability. This information can be used to determine quick a product will ship right after the order has been placed. Unfortunately, DIGITAL SOCIAL MALL cannot guarantee that a product (and/or service) that appears to be in stock ships immediately (after the order has been placed); DIGITAL SOCIAL MALL’s inventory can change significantly from day to day. In rare cases, it could occur that when you are placing your order, the product or service you want to buy is sold-out. If this happens, a representative from Our Customer Service Department will get in contact with you. If DIGITAL SOCIAL MALL determines that a product or service that you want to purchase is no longer available, and it is part of an order that contains more products or services, the sold-out items will be removed from your order, and the order will be shipped without the sold-out items. In any case, a representative from DIGITAL SOCIAL MALL will contact you.

12.SHIPPING AND TAXES

Please visit www.digitalsocialmall.com/shipping to see our Shipping Policy. This policy may change without notice.

13.PROPERTY RIGHTS

Excluding Member Content, you acknowledge and agree that the content, software, materials and other components (including but not limited to Our logos, artwork, creative materials, videos, music, icons, buttons, etc.) that are used as part the provision of the Services, are property of Digital Social Mall, LLC, its subsidiaries and affiliates, and are protected by copyright, trademark, service mark, or other proprietary rights and laws. You agree not to sell, license, lease, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative work from the content or material available on DIGITAL SOCIAL MALL’s website or mobile applications. Reference to any product, service or other information by trade name, trademark, manufacturer, etc. does not constitute or imply endorsement, sponsorship, recommendation, or the relative obligation from Digital Social Mall, LLC or DIGITAL SOCIAL MALL. All trademarks not owned by DIGITAL SOCIAL MALL, that appear in www.digitalsocialmall.com or that are related to the services offered through www.digitalsocialmall.com, are property of their respective owners. Digital Social Mall, LLC, its subsidiaries or affiliates are not responsible for any infringement of copyrights, trademarks, commercial image, or other proprietary or intellectual property rights arising off the content provided by vendor or suppliers, and that is posted or transmitted in connection with the products or services advertised thought DIGITAL SOCIAL MALL’s websites and/or mobile applications.
The Digital Millennium copyright act provides resources to copyright owners who believe that material appearing on the Internet infringes their rights, under the United States of America copyright law. If you believe that any material posted on DIGITAL SOCIAL MALL’s websites and/or mobile applications infringes your copyrights, you can request the removal of such material. The petition must contain the signature (or electronic equivalent) of the copyright holder, or the signature of an authorized representative. It must also: (I) identify the allegedly infringing materials; (II) indicate where the infringing material is located within the website or mobile application, (iii) provide your name and contact information, (IV) express that you have a “good faith belief” that the material is infringing the law; (V) the application of the information in your claim is accurate, and (VI) indicate that "under penalty of perjury" you are the rightful owner of the "copyright" or are authorized to act on behalf of the owner. If you believe that someone has wrongly filed a notice of copyright infringement against you, the Digital Millennium act allows you to send us a notification. This process must meet the legal requirements imposed by the Digital Millennium Act. (http://www.copyright.gov/). For more information, please contact us at team@digitalsocialmall.com.

14.LINKS TO THIRD PARTY WEBSITES

DIGITAL SOCIAL MALL’s websites and mobile apps may contain links to other websites. You acknowledge that we have no control over such websites and we are not responsible for the accuracy, content, and/or legality of the information contained therein. In no event shall any reference to any third party, third party website, or third party product or service be interpreted as an approval or endorsement by us of that third party, third party website or any product or service provided by a third party. DIGITAL SOCIAL MALL is not affiliated with websites or third parties that sell or advertise our products and/or services without a written agreement. DIGITAL SOCIAL MALL reserves the right to cancel the provision of services, returns, and other policies of DIGITAL SOCIAL MALL products and/or services that were purchased through unauthorized third parties.

15.INDEMNIFICATION

By using the services offered by DIGITAL SOCIAL MALL, you agree to indemnify and/or defend DIGITAL SOCIAL MALL, Digital Social Mall, LLC, its subsidiaries, divisions and affiliates, and their respective officers, directors, employees, agents, partners, contractors, suppliers, manufacturers, distributors, etc. against any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to attorneys' fees, resulting directly or indirectly from a claim (including, without limitation, claims by third parties for infringement of intellectual property rights) by a third party arising in connection with (I) the use or misuse of the services offered by DIGITAL SOCIAL MALL, (II) a dispute with a member; (III) violation of these Terms and Conditions, and (IV) violation of any law or the rights of a third party. You agree to cooperate as fully as reasonably required in the defense of any claim. DIGITAL SOCIAL MALL reserves the right to assume the exclusive defense and control of any matter subject to indemnification but you will remain liable to indemnify and hold harmless the Indemnitees.

16.ARBITRATION

Reasonable efforts will be made to resolve any disagreements that may exist between you and DIGITAL SOCIAL MALL. However, if these efforts fail and if you agree that all claims, disputes, or controversies arising off or in connection with your use of the services offered through www.digitalsocialmall.com, these Terms and Conditions, the purchase, the sale and/or exchange of any goods, content, display or disclosure of any information on or in connection with the services provided, or any other "complaint", are subject to binding arbitration, and a legal process can be initiated. This includes claims based on contract, tort (including intentional tort), fraud, your or our negligence, statutory or regulatory provisions, or any other source of law; claims made as counterclaims, third party claims, consignment or otherwise, and independent claims or other claims. As used in this arbitration agreement, DIGITAL SOCIAL MALL includes its subsidiaries, affiliates, and divisions, and their respective officers, directors, employees, agents, etc. Nevertheless, we agree that you or We may bring suit in court to enjoin the violation or other misuse of intellectual property rights.

17.APPLICABLE LEGISLATION

These Terms and Conditions (together with the Privacy Policy) are governed by the internal substantive laws of the State of Florida in the United States of America.

18.EXCLUSION OF LIABILITY

DIGITAL SOCIAL MALL is not and shall in no event be liable for any loss or damage of any kind, including personal or fatal injury, (whether in tort, contract or strict liability) that arises from or relates to any content from members, any act or omission by the members, by DIGITAL SOCIAL MALL, by any third party, or by any of the equipment or software associated with or utilized in connection with the services offered through www.digitalsocialmall.com. Any content sent by our suppliers does not necessarily reflect DIGITAL SOCIAL MALL’s views or guidelines. DIGITAL SOCIAL MALL assumes no responsibility for any fault, error, omission, interruption, delay, communications, deletion, defect, delay in operation, theft, destruction, unauthorized access, or alteration of any member content or other communications. DIGITAL SOCIAL MALL is not responsible for any problems or technical malfunction of any network, computer systems, servers or providers, computer equipment, software, failure of email accounts due to technical problems or traffic congestion on the Internet, telephone lines or cable. You acknowledge that this applies to all content, merchandise, products, and services offered through www.digitalsocialmall.com.

19.RISK OF LOSS

All of the products purchased through www.digitalsocialmall.com are shipped using third party carriers We sign contracts with. As a result, the risk of loss and ownership for such products is transferred to the carrier.

20.SECURITY

DIGITAL SOCIAL MALL, in good faith, strives to offer state-of-the-art technology to its members to ensure that all of the transactions made through www.digitalsocialmall.com are reliable and safe, while being careful to protect the confidentiality of the data supplied by them.
DIGITAL SOCIAL MALL does not keep or collect financial data that members use to make purchases in www.digitalsocialmall.com. This information is for the exclusive use of the financial entities that provide payment process and verification services for DIGITAL SOCIAL MALL. Please visit www.digitalsocialmall.com/security to see our Security Policy. This policy may change without notice.

21.LACK OF SERVICE AVAILABILITY

The Services offered through www.digitalsocialmall.com could be temporarily suspended, at DIGITAL SOCIAL MALL’s discretion, to perform scheduled maintenance or other related activities.

22.ENTIRE AGREEMENT

These Terms and Conditions constitute the entire agreement between you and DIGITAL SOCIAL MALL on the specific subjects discussed in this document. All agreements, letters, proposals, debates, and other documents prior to this document shall be voided and shall be replaced by the current document Terms and Conditions.

23.NULLITY

The unenforceability of any provision set forth in these Terms and Conditions shall not affect or impair the provision and/or enforceability of the remainder. Such a provision, if possible, can be modified and subsequently considered updated to reflect the original intentions of the parties in accordance with the applicable laws.

24.MODIFICATION OF THESE TERMS AND CONDITIONS OF USE

You acknowledge and agree that DIGITAL SOCIAL MALL may, at its discretion, modify, revise, add or remove any provision of these Terms and Conditions, at any time and in any manner, including the terms of the membership to DIGITAL SOCIAL MALL. You, as an individual, cannot amend or modify these Terms and Conditions for any reason. The current version of these Terms and Conditions is available at www.digitalsocialmall.com/terms. It is your responsibility to periodically review any changes made to these Terms and Conditions. The use of the website www.digitalsocialmall.com after changes made to the Terms of Conditions constitutes acceptance of those changes.

25.EFFECT OF TERMINATION/SURVIVAL OF CERTAIN PROVISIONS

Notwithstanding, the expiration or early termination of your membership to DIGITAL SOCIAL MALL, or any provision of these Terms and Conditions, is assumed, imposed, and/or contemplated the survival and/or continuing obligations and/or rights of any of the two parties as described in the Terms and Conditions.


These Terms and Conditions of Use may be updated from time to time.

Effective Date: April 21st, 2016