WEBSITE TERMS AND CONDITIONS

Version 1.0, (01/10/21)

FOREWORD

These Website Terms and Conditions constitute and govern the contractual relationship between you, the user of our Website, and us, Mompalao Trading Ltd, a company established under the Laws of Malta, bearing the company registration number C 41123, and having its registered address at 115, E.B. Vella Street, Mosta, MST 3152, Malta.

You and us are herein individually referred to as a “Party” and collectively referred to as the “Parties”.

  1. DEFINITIONS

The following words and terms, should be interpreted as follows in these Website Terms and Conditions unless the context clearly implies otherwise:

·       “Account”

Shall mean your account which you may create on our Website, for you to use on behalf of your Business;

 

·       “Business”

Shall mean (i) the company with which you are employed, or otherwise engaged, if you are opening your Account for a company, or (ii) your trade, craft, profession or other business, if you are opening your Account as a trader;

 

·       “Mompalao”

Shall mean Mompalao Trading Ltd, a company established under the Laws of Malta, bearing the company registration number C 41123, and having its registered address at 115, E.B. Vella Street, Mosta, MST 3152, Malta. The terms “we”, “us”, “our” and like terms shall be construed accordingly;

 

·       “Products”

Shall mean the products displayed on our Website;

 

·       “T&Cs”

Shall mean these Website Terms and Conditions; and

 

·       “Website”

Shall mean the website www.mompalao.mt.

 

 

  1. GENERAL

 

  • Mompalao owns and operates the Website.

 

  • By using the Website, you agree to comply and be legally bound by these T&Cs, which shall take effect immediately on your first use of this Website. We suggest that you take the time to familiarise yourself with the contents of these T&Cs. If you do not agree to be legally bound by all the following terms, please do not access and/or use this Website.

 

  1. WEBSITE USE

 

  • The materials, images, texts, functionalities, and information (including Product information) found in this Website are provided for general informational and illustrative purposes only and are not intended to bind Mompalao in any way.

 

  • You shall not use the Website, whether intentionally or otherwise, to:
  1. cause any form of harm to the Website;
  2. infringe our rights;
  3. cause any damage to us or to third parties;
  4. infringe any applicable law; or
  5. infringe upon third party rights.

 

  • You shall be solely responsible for ensuring that your device is configured as necessary to be able to use the Website and to ensure that your device is protected by virus protection software and/or other forms of security.

 

  1. COPYRIGHT / INTELLECTUAL PROPERTY

 

  • The content found in this Website is the property of Mompalao and/or of its licensors and is protected by copyright and other intellectual property rights. It may be displayed and used only for the purposes of viewing our Products and their details and submitting orders requests through your Account.

 

  • You may not copy, transmit, amend, reproduce or redistribute in any form whatsoever any content contained on this Website without the prior written consent from Mompalao.

 

  1. ACCOUNT REGISTRATION

 

  • Mompalao only sells its Products to companies and businesses. You can only register an Account for your Business. By registering an Account, you confirm that:
  1. you have the right to register an Account with us for your Business;
  2. you have the authority to bind your Business with any terms provided by Mompalao;
  3. the Account will only be used for Business related purposes.

 

  • You must be at least eighteen (18) years old to register an Account for your Business on this Website.

 

  • You may only open one (1) Account for your Business. We shall have the right to close any Account if you hold multiple Accounts for the same Business.

 

  • In order to be able to register an Account, you must positively signify your and your Business’ agreement to these T&Cs by clicking “Accept Terms and Conditions”. Please follow the instructions on the Website to create an Account.

 

  1. ACCOUNT SIGN-IN

 

  • To register an Account, and thereafter be able to sign-into the Account and utilize it, you must choose your sign-in details by registering with the Website an email address and password.

 

  • You are advised to choose a strong and non-predictable password.

 

  • You must keep the password safe and secret and must not reveal it to third parties.

 

  • If you lose or misplace your password, you should notify us immediately. You hereby agree that we shall in no way be responsible or liable to you or your Business, if you forget, misplace, or lose your password. We shall also not be in any way responsible or liable to you for any damage which may occur if you reveal your password to any third party.

 

  • If you forget or misplace your password, the only assistance that we can provide is guiding you to reset the Account password.

 

  • Please note that you may reset your password at any time, by clicking “Reset It” next to “Forgot your password” in the Account sign-in page on our Website.

 

  • Password reset shall occur via an email that will be sent to the email address provided to us throughout your Account registration. Kindly follow the instructions in the said email to reset your password.

 

  1. ORDER REQUESTS

 

  • The Account enables you to submit order requests to us for the purchase of our Products on behalf of your Business.

 

  • To place an order request via the Account, you must signify and warrant your and the Business’ acceptance of the “GENERAL TERMS AND CONDITIONS OF SALE AND SUPPLY” by clicking “I accept the GENERAL TERMS AND CONDITIONS OF SALE AND SUPPLY”.

 

  • Mompalao’s performance of any order request which you may submit via the Account is subject to the GENERAL TERMS AND CONDITIONS OF SALE AND SUPPLY. Please do note that any such order request requires Mompalao’s confirmation in writing, for such request to constitute a confirmed order. Requests will not be performed, unless confirmed by Mompalao in writing.

 

  • Any Product prices and information indicated on Mompalao’s Website and catalogues are subject to change and require Mompalao’s confirmation in writing.

 

  • We cannot guarantee that we will necessarily receive your order requests, or that we will receive the same uninterruptedly. If you do not hear from Mompalao within three (3) business days from your submission of an order request via the Account, you are kindly requested to follow up with Mompalao by email at info@mtl.mt.

 

  1. DATA PROTECTION

 

  • Mompalao shall process your personal data in a controller capacity, in terms of applicable laws and our Website Privacy Policy.

 

  • You will not be able to register an Account on our Website, unless you specifically indicate acceptance of our Website Privacy Policy by clicking “Accept Privacy Policy”.

 

  • Please note that our Website also uses cookies. Kindly refer to our Website Cookies Policy for further information about our cookies.

 

  1. ACCOUNT CLOSURE & INACTIVE ACCOUNTS

 

  • You may choose to close the Account at any time by contacting us at info@mtl.mt. Closure of your Account shall not affect any orders confirmed by Mompalao.

 

  • If you choose to close the Account, we shall irrevocably delete and destroy any of your personal data (except for any data we are under an obligation to retain as a result of any legal obligation imposed on us, or that we have a legitimate interest to keep, or which we require to keep for contractual performance).

 

  • If you do not sign-in to your Account for any period exceeding twelve (12) consecutive months, we may deem such Account as an “inactive Account” and shall have the right to close such Account without prior notice.

 

  • Without prejudice to clause 9.3. of these T&Cs, Mompalao has the discretion of closing an Account as it deems fit and without prior notice, including as a result of any breach of these T&Cs or of the GENERAL TERMS AND CONDITIONS OF SALE AND SUPPLY.

 

  1. WEBSITE AVAILABILITY

 

  • We do not guarantee that the Website and/or the Account including any content and functionality thereof, will always be available or be uninterrupted.

 

  • We may suspend, withdraw or restrict the availability of all or any part of the Website and/or Account in our sole discretion and without prior notice.

 

  1. CHANGES TO THESE T&CS

 

  • We reserve the right to add, amend, supplement and modify these T&Cs from time to time as we may deem appropriate.

 

  • Account holders will be notified of a modification to these T&Cs by email to the email address provided to Mompalao on Account registration. You will be required to confirm acceptance of such modified T&Cs prior to being able to gain access to the Account and being able to continue using the Account.

 

  • Website visitors should note that the updated version of these T&Cs shall also be placed within the Website.

 

  • In the event that you do not agree to any modification to the T&Cs, you shall not use the Website, and if you hold any Account, you are to immediately close your Account by contacting us at info@mtl.com.

 

  1. WARRANTIES

 

  • The Website and the Account are made available for use on an “as is” basis, without any warranty of any kind, including without any warranties of functionality, availability, completeness, accuracy, fitness for a particular purposes, merchantability or lack of bugs, viruses or errors.

 

  • You hereby warrant:
  1. That you shall make use of the Website and Account in accordance with these T&Cs;
  2. That you are not prohibited from making use of the Website and Account;
  3. That you hold all rights to make use of the Website and Account for your Business;
  4. That you are authorized to bind your Business in our favour; and
  5. That you shall not use the Website or the Account for any unlawful, illegal, misleading, fraudulent or unauthorized purpose.

 

  1. LIABILITY & INDEMNITY

 

  • You hereby agree not to hold us liable or responsible in any way for any use which you may choose to make of our Website or of your Account.

 

  • You hereby agree to fully indemnify and hold us harmless, including our employees, directors, contractors, consultants and associates, from and against any and all claims, losses, liabilities, costs, expenses or damages incurred by us by reason of any claim, demand, lawsuit or action by a third party resulting from your breach of these T&Cs and/or breach of applicable laws and/or breach of third party rights.

 

  1. ASSIGNMENT

 

  • You are prohibited from assigning your Account to any third party and/or from allowing any third party to use the Account.

 

  • We may assign or transfer these T&Cs, in part or in full, to any third party as part of any transaction involving the transfer of the Website to a third party and in such case, we shall give you notice of any such transfer and we shall abide with any applicable laws in the transfer process, including but not limited to data protection laws.

 

  • Changes in our shareholding shall not constitute a transfer or assignment of these T&Cs.

 

  1. SEVERABILITY

 

  • If any of the provisions of these T&Cs becomes illegal, invalid or unenforceable in any respect, the legal validity, and enforceability of the remainder of these T&Cs shall not be affected.

 

  1. FORCE MAJEURE
    • Neither Party shall be liable to the other for any failure or inability to perform its obligations under these T&Cs as a result of any cause constituting a fortuitous event, including but not limited to acts of God, war, rebellion, sabotage or riots, acts of terrorism, acts of cyberterrorism, floods, fires, explosions, pandemics or other catastrophes and other similar occurrences not reasonably foreseeable, and that are beyond the control of, the performing Party.

 

  1. GOVERNING LAW AND DISPUTES

 

  • These T&Cs shall be governed by and construed in accordance with the Laws of Malta.

 

  • Any dispute between the Parties in relation to these T&Cs shall be submitted to the exclusive jurisdiction of the Courts of Malta.

 

  1. CONTACT US

 

  • If you have any queries or complaints, please contact us on info@mtl.com.