Terms and Conditions

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions.

The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority. 
  • Country refers to: Malta 
  • Device means any device that can access the Service such as a computer, a cellphone or a digital tablet. 
  • Service refers to the Website. 
  • Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and Us regarding the use of the Service. 
  • Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service. 
  • Us and cognate terms thereof means Marc Tabone Ferrante & Malcolm Portelli.
  • Website refers to Malta Virtual Mall, accessible from www.maltavirtualmall.com.
  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable. 

Who we are and how to contact Us

The Website is a site operate by Us and is made available to You to be used as an online directory for Maltese eCommerce companies including categories, internal website search and search of external websites through functionality provided. 

To contact us, please use the form in our Contact page

Acknowledgement

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and Us. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service. We therefore recommend that you take the time to familiarise yourself with the contents of these Terms, and that you print a copy for future reference.  

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service. 

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service. 

You represent that you are over the age of 18 in order to access certain indicated website directories. We do not permit those under 18 to view these directories. 

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with our Privacy Policy available at https://maltavirtualmall.com/privacy-policy/. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service. 

Our Privacy Policy also sets out information about the cookies on our Website and is available at https://maltavirtualmall.com/privacy-policy/.

Copyrights and Trademarks

Our Website as a whole is protected by copyright and trade dress. Nothing on our Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property displayed or used on our Website, without the prior written permission of the Intellectual Property owner. Malta Virtual Mall aggressively enforces its intellectual property rights to the fullest extent of the law. 

The names and logos of Malta Virtual Mall, may not be used in any way, including in advertising or publicity pertaining to distribution of materials on our Website, without prior, written permission from Malta Virtual Mall. Malta Virtual Mall prohibits use of any logo of Malta Virtual Mall or any of its affiliates as part of a link to or from any Website unless Malta Virtual Mall approves such link in advance and in writing. Fair use of Malta Virtual Mall’s Intellectual Property requires proper acknowledgment. Other product and company names mentioned in our Website may be the Intellectual Property of their respective owners. 

If You provide suggestions, ideas, feedback, or recommendations to us regarding our Services (Feedback), we will be free to use, disclose, reproduce, license or otherwise distribute, and exploit such Feedback as we see fit, without any obligation or restriction of any kind to you. 

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. 

Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged. 

You must not use any part of the content on our Website for commercial purposes without obtaining a licence to do so from us or our licensors.

Rules about linking to our Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. 

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. 

You must not establish a link to our Website in any website that is not owned by you. 

Our Website must not be framed on any other website, nor may you create a link to any part of our Website other than the home page. 

We reserve the right to withdraw linking permission without notice. 

If you wish to link to or make any use of content on our Website other than that set out above, please contact us using the form on our Contact page.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Us. 

We have no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services. 

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit. 

Content Disclaimer

Postings on our Website are made at such times as Malta Virtual Mall determines in its discretion. You should not assume that the information contained on our Website has been updated or otherwise contains current information. Malta Virtual Mall does not review past postings to determine whether they remain accurate and information contained in such postings may have been superseded. 

The information and materials in our website are provided for your review in accordance with the notices, terms and conditions set forth herein. These materials are not guaranteed or represented to be complete, correct or up to date. These materials may be changed from time to time without notice.

Termination

We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal, but have no obligation to do so. 

You are responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them in full. 

Furthermore, We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions. 

Upon termination, Your right to use the Service will cease immediately.

Reliance on information on this Website

The content on our Website is provided for general information purposes only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website. 

Furthermore, although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date. 

Limitation of Liability

Whether you are a consumer or a business user: 

  • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. 
  • Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our terms and conditions of supply as made available to you at time of order or purchase. 

If you are a business user: 

  • We exclude all implied conditions, warranties, representations or other terms that may apply to our Website or any content on it. 
  • We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: 
    1. use of, or inability to use, our Website; or 
    2. use of or reliance on any content displayed on our Website. 

In particular, we will not be liable for: 

  1. loss of profits, sales, business, or revenue; 
  2. business interruption; 
  3. loss of anticipated savings; 
  4. loss of business opportunity, goodwill or reputation; or 
  5. any indirect or consequential loss or damage. 

If you are a consumer user:

  • Please note that we only provide our Website for domestic and private use. You agree not to use our Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. 

If any defective digital content that we have supplied to you, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. 

“AS IS” and “AS AVAILABLE” Disclaimer 

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, We, on our own behalf and on behalf of any of our Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, We provide no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected. 

Without limiting the foregoing, neither Us nor any of our providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of Us are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components. 

You are responsible for configuring your information technology, computer programmes and platform to access our Website. You should use your own virus protection software. 

You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website (including by using any robot, spider, scraper, or any other automated means). You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. In addition, you must not use the Website to harvest information. 

By breaching this provision, you would commit a criminal offence in terms of Maltese law. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately. 

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law. 

No oral or written information or advice that may be furnished by us or any of our authorised representatives shall, under any circumstance, be construed as a departure or deviation from the above disclaimers 

Governing Law & Dispute Resolution 

If you are a consumer, please note that these Terms, their subject matter and their formation, are governed by Maltese law. You and we both agree that the courts of Malta shall have exclusive jurisdiction to settle and decide any and all disputes (whether contractual or non-contractual) arising from these Terms and/or your use of the Website though you undertake to first discuss with Us in order to try to resolve this dispute amicably. 

If you are a business user, these Terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by Maltese law. You and we both agree that the courts of Malta shall have exclusive jurisdiction to settle and decide any and all disputes (whether contractual or non-contractual) arising from these Terms and/or your use of the Website though you undertake to first discuss with Us in order to try to resolve this dispute amicably. 

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We may amend these Terms from time to time by posting notice of the changes online. Every time you wish to use the Website, please check these Terms to ensure you understand the terms that apply at that time and that you are aware of any changes which have been made by us. 

These terms were mostly recently updated on 22/05/2020.

Changes to The Website

We may update and change our Website from time to time to reflect changes to our products, our users’ needs and our business priorities.

Our trade marks are registered

“MVM – Malta virtual mall” and the MVM logo are [MALTA / EU registered] trade marks of Marc Tabone Ferrante & Malcolm Portelli. You are not permitted to use them without our approval.