Welcome to idtmall.com!

Here you'll find our terms and conditions that apply to you when using the website. We hope you enjoy your next IDTMALL with us!

User Agreement

1. By using the idtmall.com website, application, mobile site and social media pages ("Website"), including to place an order for goods, you accept these terms and conditions ("Terms and Conditions") and our Privacy Policy (together referred to as the "Agreement"). This Agreement is between you and IDT INC GROUP LTD (referred to in this Agreement as "we", "us" or "our").
   
2. We may update these Terms and Conditions from time to time by posting an updated version to the following web page: https://idtmall.com/article/terms-of-service. It is your responsibility to check the Terms and Conditions that apply before using the Website or placing an order. If you do not agree to the updated Terms and Conditions, then you must immediately stop using the Website.

Registration and User Requirements

1. You must be signed up with a idtmall.com account to access some features of the Website or our services. When you sign up, you will provide us with personal information including your name, address, and a valid email address. You must ensure this information is accurate and current.
2. To sign up for an account or to use the Website you must be at least 18 years old, have a current Australian residential address and have the capacity to enter into a legally binding agreement with us.

Access and use of the Website

1. You must only use the Website through the interfaces provided by us and in accordance with this Agreement and any applicable law.
2. You must not (and must not attempt to):
   1. interfere with or disrupt the Website or the servers or networks that host the Website;
   2. use data mining, robots, screen scraping or similar data gathering and extraction tools on the Website;
   3. interfere with security-related or other features of the Website; or
   4. use, copy or distribute content without our express permission.
3. We may refer fraudulent or abusive or illegal activity to the relevant authorities. If you have an account with us, you are solely responsible for the activity that occurs on your account (including orders placed using your account), and you must keep your account password secure. We are not responsible for any unauthorised activity on your account if you fail to keep your account login information secure.
4. You must not use another member's account without our, and/or the other user's, express permission. If you suspect or become aware of any unauthorised use of your account or that your password is no longer secure, you must notify us immediately and take immediate steps to re-secure your account (including by changing your password).
5. Subject to any Non-Excludable Rights, we do not warrant that the Website will be available at all times and without disruption and we provide no warranties in relation to the content of any other website linked to or from our Website.

Information on this Website

1. You agree to make your own enquiries to verify information provided and to assess the suitability of goods or services before you order the goods or services.
2. Due to photographic and screen limitations associated with the representation of goods, some actual goods (including, in particular, clothing, apparel and shoes) may differ to a small extent in visual appearance (for example in colour) from the way they appear on the Website.

Disclaimer and Liability

1. To the fullest extent possible at law, and subject to any Non-Excludable Rights, we exclude our liability to you or anyone else for loss or damage of any kind or nature relating in any way to the Website including, but not limited to, loss or damage you might suffer as a result of:
   1. errors, mistakes or inaccuracies on the Website or our social media pages;
   2. you acting or not acting, on any information contained on or referred to on the Website and/or any linked Website or our social media pages;
   3. personal injury or property damage of any nature resulting from your access to or use of the Website;
   4. any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers;
   5. any interruption or cessation of transmission to or from the Website;
   6. any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through our Website by any third party; and/or
   7. the quality of any product or service of any linked sites,
   except to the extent that such loss or damage is caused by our negligence.
2. We do not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a Seller through the Website or any linked website or featured in any banner or other advertising. Except where we have explicitly agreed to do so in this Agreement, we will not be in any way responsible for monitoring any transaction between you and any Sellers of goods and services.
3. Where any law  provides a guarantee which may not be lawfully excluded, our liability will be limited to that provided by law.
4. Subject to any Non-Excludable Rights, in no event shall we be liable to you for any special, incidental or consequential loss arising out of or in connection with our Website, or this Agreement. You agree to accept sole responsibility for the legality of your actions under the laws that apply to you. You agree that we, our affiliates and related entities or our suppliers have no responsibility for the legality of your actions.

Placing Orders

1. You are responsible for any discrepancies or errors in your order caused by you.
2. The promotion of goods or services on the Website does not constitute an offer to sell. It is an invitation to treat only.
3. Orders placed by you are offers to purchase either:
   1. a voucher for particular goods and/or services under the Terms and Conditions in this Agreement, and any terms and conditions applying to vouchers imposed by a Seller, at the price specified (including delivery and other quoted charges); and/or
   2. goods under the Terms and Conditions of this Agreement, and subject to clause 2, any terms and conditions applying to those goods imposed by a Seller, at the price specified (including delivery and other quoted charges).
4. Goods on the Website are not reserved in-cart, and an order is only finalised when you have completed the checkout process and received an order confirmation from us and payment is received in full.
5. We use automated fraud detection software that may result in your order being delayed or cancelled. Where your order is flagged for fraud detection, we will make enquiries into any potential fraud. We reserve the right to subsequently reject and refund your order at our absolute discretion where fraud is reasonably suspected.
6. Your order may be rejected in circumstances where we reasonably believe there may be a credit card or payment related fraud (detected prior to the goods being shipped), or where your order cannot be shipped, or if there has been an error in the price or product description on the Website. In these circumstances the order will be refunded in full.
7. You must review your order carefully before placing it. Once an order is confirmed, you are unable to cancel or change it. If you have any problems with your order, then you must go through the normal returns process outlined in the Returns Policy, subject to any Non-Excludable Rights. If you change your mind, you can return your goods provided you meet the requirements set out in our Returns Policy.
8. In the event that we cancel or are unable to fulfil your order, we will provide a full refund of any payment received.
9. We reserve the right to notify you that goods for which you placed orders have become unavailable for reasons beyond our control. Your order may be delayed, or you may receive a full refund or store credit (at your election) in the event we cannot fulfil your order.

Price, Payment and Use of Discount/Coupon Codes

1. The prices of goods, delivery and other quoted charges shown are in USD dollars.
2. All payments must be received in full prior to dispatch of goods or a voucher being issued. If your payment is not received or is declined by us, your bank or credit card issuer, we cannot and will not hold items against your order.
3. Discount codes and coupons are only valid for a single transaction and may not be used in conjunction with any other discounts. and where we reasonably determine that an individual is abusing the use of the discount code, we may cancel a transaction or that code (for example where the same individual use a discount code across multiple orders with multiple accounts).

Store Credits

1. If you have an account with us and make a purchase using Store Credit that you have received from us, any unused portion of your Store Credit shall be credited to your account.
2. We may from time to time update any of the Terms and Conditions in this Agreement that apply to Store Credit in accordance with the process set out in clause 1.2, provided that any such updates will only apply to Store Credit that is issued after the date that such updates take effect.
3. Store Credits expire after 12 months from the date of issue. Unless otherwise stated in any promotional materials or elsewhere by us, Store Credits issued for promotional purposes, or otherwise at our discretion (including for goodwill purposes) will expire after 3 months from the date of issue.
4. Store Credits cannot be redeemed for cash or used for the purchase of gift cards. Where a minimum spend applies to any promotional event on the website, Store Credits do not count towards the minimum spend totals.

Shipping and Delivery

1. Subject to this Agreement, goods will be supplied as shown on your order confirmation, which will be provided to you by email.
2. We will use our best endeavours to meet stated timeframes for delivery, however, from time to time particularly during busy periods, our shipping service providers may suffer delays beyond our control. Please allow up to 30 days delivery (for standard post). Sellers may set their own delivery time frames which may differ from goods sold by us. You should check the sales listing for these details.
3. Standard and express post are subject to different fees and charges. All shipping charges will be made available to you at checkout.
4. Express shipping is available for an additional charge, only in certain areas and for certain orders and your order eligibility will be confirmed at checkout.
5. Some orders may not require signature and will be left in a safe place at your delivery address in accordance with Post's standard practices.
6. A signature may be required for the delivery of some orders (depending on the individual Seller's requirements). You are responsible for ensuring you are able to accept delivery. Neither we,  will be responsible:
   1. for late delivery where attempted delivery has occurred on or before the stated delivery time-frames;
   2. for lost or missing parcels that have been signed for at your selected delivery address (regardless of whether or not you have personally accepted delivery); or
   3. for lost or missing parcels left at your chosen location where you have expressly given authority to leave with the item's carrier.
7. We reserve the right to change, modify or discontinue any delivery options at our absolute discretion.

Packaging and Labelling

1. We endeavour to depict goods available for order using accurate images of the goods. At times, however, goods actually delivered may to a small extent differ in appearance and packaging from their appearance in images and photographs on the Website.
2. We recommend that you read the labels and instructions on foods or other consumables prior to consumption or use.

Software and Technology Purchases - Limitation of Liability

1. You acknowledge that storage media such as hard drives in laptops, external hard drives, SD cards and USB keys can fail without warning, leading to a loss of data. You should regularly back up software stored on the media. In the event that storage media ordered from us becomes faulty, fails or otherwise detrimentally affects software or data stored on it, except as required by law and subject to any Non-Excludable Rights, we will not be liable for any loss or damage to the software or data, except to the extent caused by our negligence.
2. If you return storage media (such as a hard disc drive) whether separately or as a part of another product, to us for any reason, including replacement or repair, we will not be responsible for any software or data stored on the media. We make no representation that we will be able to repair or replace any product without risk to or loss of the software or data.

Social Media and Content

1. You understand that all information, such as comments, messages, text, files, images, photos, video, sounds and other materials ("Content") posted on, transmitted through or linked from the Website, our Facebook page, Twitter feed, Instagram or forum or other like application or site that allows for the publication of user generated material (“Social Media”), is the sole responsibility of the person from whom such content originated.
2. You understand that we do not control and are not responsible for content made available through the Website or Social Media unless it originates from us, our agents or employees. Consequently, by using the Website or our Social Media pages you may be exposed to content provided by third parties that is offensive, indecent, inaccurate, misleading or otherwise objectionable (“Third Party Content”). By using the Website, you acknowledge and agree that you use the Website at your own risk and to the extent permissible at law we do not accept liability for any Third Party Content.
3. As a member or participant on our Social Media pages, you agree that you are responsible for any content submitted, posted or made available through the Website and you must not post (or allow) content to be posted that:
   1. you do not have the right to post;
   2. is defamatory or in contempt of any legal or other proceedings;
   3. is misleading or deceptive;
   4. is offensive or discriminates against any group of persons being a group defined by reference to colour, race, sex, origin, nationality or ethnic or national origins;
   5. denounces religious or political beliefs;
   6. contains religious or political material;
   7. is indecent, obscene, vulgar, pornographic or offensive;
   8. infringes any copyright, trade mark, patent or other intellectual property right of another person;
   9. contains any unsolicited or unauthorised advertising or promotional material;
   10. contains or links to viruses, malware, spyware or similar software; or
   11. impersonates any person or misrepresents your relationship with any person.
4. We reserve the right, at our absolute discretion, to pre-screen, refuse or remove any content from the Website or our Social Media pages, without giving any reasons.
5. You understand and agree that we may retain server and backup copies of your submitted content even if you have altered, removed or deleted your content from public display.

Customer Product Reviews

1. This section sets out how we manage reviews for both products and Marketplace Sellers on our platform. All reviews must comply with these terms. We reserve the right to remove or refuse to publish any review that does not comply with these requirements.
2. All reviews;
   1. can only be made if you have purchased a product on idtmall.com or from a Seller;
   2. must be relevant and directly related to the reviewed product or Seller;
   3. must not be solicited in any way by a third party;
   4. must not be conducted by a party with a commercial/personal interest in the manufacturer or supplier of the goods or services;
   5. must not contain language or content which is considered defamatory, offensive, hurtful or abusive; and
   6. must not contain personal contact information including full names, email addresses, phone numbers, addresses or other such information.
3. idtmall.com does not allow parties to post reviews designed to mislead consumers, compromise consumer safety, or which we otherwise deem to abuse our review functionality. Where we suspect or become aware of any activity we deem to be a misuse of our review tool, we reserve the right not to display or remove any such material.
4. By submitting a review, you agree to idtmall.com's Privacy Policy, which applies to any personal information we collect, share and store in the process of accepting the review.
5. By submitting a review you irrevocably assign any and all intellectual property rights in your review content, including copyright, to IDT INC GROUP LTD, and you irrevocably consent to any conduct by idtmall.com that constitutes an infringement of any moral rights in any review material submitted to idtmall.com.
   
6. In addition to any other rights we may have under these terms, we reserve the right not to publish, or remove from our Website, any review we deem to be in breach of these terms. To the maximum extent permitted by law, idtmall.com nor any of its related bodies corporation (as defined in the Corporations Act 2001) shall not be liable to you or any third party for any material authored by you which is featured on our Website(s) as part of our review functionality. You hereby indemnify and hold idtmall.com harmless against any loss, damage, claim, demand, suit or action incurred by idtmall.com as a result of your breach of these terms.
7. All reviews published by idtmall.com are the views of the author and do not constitute idtmall.com's own views and are not endorsed by idtmall.com.

Intellectual Property

1. All content, graphics, user and visual interfaces, photographs, trade marks, logos, sounds, music, artwork, and computer code, including but not limited to the design, structure, selection, coordination, expression and arrangement of such material contained or used in the Website is either owned, controlled, or licensed to idtmall.com, or is otherwise subject to the intellectual property rights of third parties and is protected by copyright, patent and trade mark laws and various other intellectual property rights. We reserve all intellectual property rights, including but not limited to, copyright in material and/or services provided or authored by us. Nothing in the Agreement gives you a right to use any of our marketing material, business names, trademarks, logos, domain names or other distinctive brand features.
2. Other trademarks used on the Website that belong to third parties are used with permission and remain the intellectual property of the third party.
3. You may not:
   1. modify or copy the layout or appearance of the Website nor any computer software or code contained in the Website; or
   2. decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Website.
4. If you correspond or otherwise communicate with us, you automatically grant to us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of your correspondence or communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on our Website and developing your ideas and suggestions for improved goods or services we provide.

Transfer and Assignment

1. You agree and acknowledge that we may merge, sell or otherwise change control of our company, our business or the Website to a third-party.
2. We shall be permitted without giving notice or seeking prior consent from you, to disclose the personal information and other data that we have collected from you to the third party.
3. We shall be entitled to assign the benefit of any agreements we have with you to the third party without your consent, except where such assignment will cause (or is reasonably likely to cause) a material detriment to you, in which case we must seek your consent.

General

1. We will not be liable for any delay in performing any of our obligations under this Agreement if such delay is caused by circumstances beyond our reasonable control.
2. If any part of this Agreement is found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of this Agreement and the severed part will not affect the validity and enforceability of any remaining provisions.
3. If we do not exercise or enforce any right or provision under this Agreement, it will not constitute a waiver of such right or provision. Any waiver of any provision under this Agreement will only be effective if it is in writing and signed by us.

Privacy and Personal information

1. If you provide us with any personal information our Privacy Policy will govern how we will use or disclose that information. Please review and understand our Privacy Policy.