1. Publisher and contact
The Mallatech platform is published and operated by:
- Legal entity: Pureclic Agency SARL, a company incorporated under Tunisian law
- Trade name: Mallatech
- RNE / Tax ID (matricule fiscal): 1961262A
- Registered office: 63 Av Habib Bourguiba, Le Bardo 2000, Tunis, Tunisia
- Phone: +216 93 793 245
- Email: [email protected]
- Websites: mallatech.tn and mallatech.shop
In these terms, "Mallatech", "we" and "us" mean Pureclic Agency SARL.
2. Definitions
- Platform: the Mallatech online software, its websites mallatech.tn and mallatech.shop, its admin area, its mobile app and its interfaces.
- Services: the Platform features provided to the Merchant under its Plan.
- Merchant or "you": the individual or legal entity that creates an account on the Platform for its business.
- Store: the online store or stores the Merchant creates and manages with the Platform.
- Customer: any person who buys products in a Merchant's Store.
- Plan: the plan subscribed to: Starter, Professional or Enterprise.
- Subscription: the right to use a Plan for a Period.
- Period: the length of a Subscription, monthly or yearly.
- Wallet: the prepaid balance of the Merchant's Mallatech account (section 9.1).
- Reseller: the online reseller that sells the card-paid Subscription and acts as Merchant of Record: Paddle.com or Dodo Payments, whichever is shown on the payment page (section 9.2).
3. Scope, acceptance and applicable documents
3.1. These terms (the "Terms") govern access to the Platform and the purchase of Subscriptions and other Mallatech services by Merchants, on both mallatech.tn and mallatech.shop.
3.2. The Platform is intended for businesses. Registration is open to any individual or legal entity carrying out a lawful commercial activity. By creating an account, you confirm that you act for the purposes of that activity and that you have the capacity to enter into this agreement.
3.3. By creating an account or using the Platform, you accept these Terms. The agreement also includes the Refund and Cancellation Policy, the Privacy Policy and the Pricing page of the website on which you registered. In case of conflict, these Terms prevail, except for refunds, which are governed first by the Refund and Cancellation Policy.
3.4. When you pay by card through the Reseller, the Reseller's buyer terms also apply to that payment (section 9.2).
4. Description of the Services
4.1. Mallatech is a SaaS (online software) platform that lets you, among other things:
- build an online Store (themes, page editor);
- manage products, stock and orders;
- connect delivery companies;
- manage customers;
- use marketing and analytics tools;
- use the Mallatech mobile app.
4.2. Features and limits (number of products, orders, users, stores, etc.) depend on the Plan, as shown on the Pricing page. Mallatech keeps developing the Platform; the features included in a Plan are those described on the Pricing page when you subscribe or renew.
4.3. Mallatech takes no commission on Merchants' sales.
5. Account
5.1. You agree to provide accurate information and to keep it up to date.
5.2. You are responsible for keeping your login details confidential and for all activity under your account, including by team members you invite and to whom you grant permissions.
5.3. An account may not be shared or transferred without our prior consent.
5.4. Depending on the Plan, one owner account may manage several Stores covered by a single Subscription; the Plan's limits are then shared between those Stores.
6. Mallatech's role in Merchants' sales
6.1. The Merchant sells its own products to its own Customers and is the sole seller. Mallatech provides the tool. Mallatech is not a party to those sales and does not act as seller, agent or payment intermediary for them.
6.2. The Merchant alone is responsible for: the information, prices and availability of its products; their compliance; its tax obligations; invoicing its Customers; delivery, returns, refunds and after-sales service for its products; the sales terms it shows in its Store; and compliance with the laws that apply to its sales, in particular consumer protection and e-commerce laws.
6.3. Customers' online payments. A Merchant that accepts online payments connects its own accounts with third-party providers (for example Konnect, Flouci or Stripe). Those providers pay the funds directly to the Merchant under their own contracts with it. Mallatech never receives, holds or transfers those funds.
6.4. Cash on delivery. Most Customer orders are paid on delivery and collected by the delivery companies the Merchant chooses, under their own contracts with it. Mallatech does not receive those funds and is not responsible for their collection or for their remittance to the Merchant.
6.5. Any Customer claim about an order, a product, a delivery or a refund must be addressed to the Merchant.
6.6. The Merchant is the controller of its Customers' personal data; Mallatech processes that data on the Merchant's behalf to provide the Services (see the Privacy Policy).
7. Introductory offer
7.1. The offer granted to a new Merchant is the one shown on the Pricing page and the signup page of the website at the time of signup. It takes one of the following two forms:
- Free up to a revenue threshold: every feature of the assigned Plan is free, with no credit card, until the cumulative revenue of the Merchant's Stores reaches the threshold shown. Once the threshold is reached, the offer ends and continued use of the Services requires a paid Subscription.
- Free trial: every feature of the chosen Plan for the number of days shown, with no credit card to start. At the end of the trial, if the Wallet balance is sufficient, the Subscription starts and its first Period is debited from the Wallet; otherwise section 11 applies.
The revenue counted is the total amount of the orders recorded in the Merchant's Stores, as shown on the Subscription page of its admin area. Orders imported from another platform are not counted; an order cancelled or deleted after it was recorded remains counted.
7.2. Mallatech may change or end the introductory offer for new signups. A Merchant keeps the offer obtained at signup.
8. Plans, prices and currencies
8.1. Mallatech offers three Plans (Starter, Professional, Enterprise), with a monthly or yearly Period.
8.2. Prices are shown on each website's Pricing page: in Tunisian dinars (TND) on mallatech.tn, for Merchants established in Tunisia; in US dollars (USD) on mallatech.shop, for Merchants established in other countries.
8.3. The applicable price is the one shown at the time of payment (order confirmation or Wallet debit).
8.4. Prices shown include all taxes: for a payment from the Wallet, no tax is added to the price shown. For a card payment through the Reseller, section 8.5 applies.
8.5. Card payment through the Reseller. The amount charged may differ from the price on the Pricing page: it may include conversion of the price into the Reseller's currency at the day's rate plus an exchange margin, a payment fee and applicable taxes. The total amount and its currency are shown before you confirm the payment.
8.6. Price changes. Mallatech may change its prices. A new price applies immediately to new Subscriptions. For an ongoing Subscription, it applies from the first renewal following 30 days' notice. The current Period is never changed.
9. Payment methods
9.1. Prepaid Wallet
- The Wallet is used only to pay for Mallatech's own services: Subscription Periods and domain names.
- It is topped up using the methods offered on the top-up page of your admin area: online card payment through the provider Flouci, or bank transfer.
- An online top-up is credited as soon as the payment is confirmed. A bank-transfer top-up is credited once the funds are actually received (usually 1 to 3 business days).
- Depending on the payment method, the amount may be charged in a currency other than the Wallet's (for example in Tunisian dinars for a Wallet in US dollars). The amount charged and the rate applied are shown before payment.
- Any unused balance remains available in your account with no time limit. It cannot be withdrawn or transferred to another account and bears no interest. What happens to the balance when the account is closed is governed by the Refund and Cancellation Policy.
- Mallatech never stores card data.
9.2. Card Subscription through a Reseller (Merchant of Record)
- Where this option is offered to you, you can pay for your Subscription by card. In that case, our order process is conducted by our online reseller, Paddle.com or Dodo Payments, as shown on the payment page. The Reseller is the Merchant of Record for these orders: it sells the Subscription, collects the payment, issues your invoice, handles customer service inquiries about that payment and handles returns and refunds of that payment.
- The Reseller charges your card automatically each Period until renewal is stopped (section 12).
- The Reseller sells the Subscription only; it is not used to top up the Wallet.
- The Reseller's buyer terms and refund policy apply to that payment in addition to these Terms.
- Mallatech has no access to your full card details.
9.3. Invoices and receipts
- Card payment through the Reseller: the invoice is issued by the Reseller.
- Wallet payment: the invoice for each top-up is available on the Wallet page of your admin area.
10. Term and automatic renewal
10.1. A Subscription starts when its first Period is paid (or at the end of the trial, section 7) and lasts one Period.
10.2. At the end of each Period, the Subscription renews automatically for a Period of the same length on the same Plan:
- by debiting the Wallet, if the Subscription is paid from the Wallet and the balance is sufficient;
- by the Reseller charging your card, if the Subscription is paid by card.
10.3. It is your responsibility to keep a sufficient balance or a valid card. Mallatech may notify you, by email or in your admin area, when a due date is approaching or a payment is late; the absence of a notice does not change the due date.
11. Non-payment, grace period and expiry
11.1. If a renewal cannot be paid on the due date, the Subscription enters a grace period. The grace period currently lasts 3 days from the due date; Mallatech may change this length. During the grace period the Services remain available and you can pay at any time.
11.2. If no payment is made by the end of the grace period, the Subscription expires:
- access to the admin area is limited to renewing the Subscription;
- the Store stays online for 30 days after expiry, then it is taken offline.
11.3. Paying for the Subscription reopens the admin area and puts the Store back online.
11.4. The data of an expired account is kept for at least 12 months after expiry, so that the account can be reactivated. After that, Mallatech may delete the account and its data, after notifying you by email at least 30 days in advance.
12. Stopping renewal (cancellation)
12.1. You can stop renewal at any time, free of charge, from the Subscription page of your admin area ("Stop renewal").
12.2. The Subscription remains active until the end of the Period already paid. It is then not renewed and nothing more is charged, neither from the Wallet nor to the card. For a card-paid Subscription, Mallatech passes the stop on to the Reseller.
12.3. You can resume renewal ("Resume renewal") before the end of the Period. Resuming does not give any free Period.
12.4. At the end of the paid Period, the Subscription is not renewed and sections 11.2 and 11.3 apply: access to the admin area is limited to renewal, and the Store stays online for 30 days after expiry, then it is taken offline.
12.5. Stopping renewal does not entitle you to a refund of the current Period (see the Refund and Cancellation Policy).
13. Changing Plan
13.1. You can change Plan at any time from your admin area. The new Plan starts on the day of the change, for a full Period at its own price; the previous Subscription ends on the same day.
13.2. The unused part of the previous Period is neither refunded nor credited.
13.3. If the previous Subscription was paid by card through the Reseller, its renewal with the Reseller is stopped.
14. Data and account closure
14.1. You keep full ownership of the data you enter on the Platform (products, customers, orders).
14.2. To close your account, write to support from the owner account's email address (section 1). Before closure, you can export your data with the export functions of your admin area, or ask support for an export of your products, customers and orders. The account and its data are deleted within 30 days after closure, except data that the law requires us to keep (in particular invoices and accounting records); backups are erased as they rotate.
15. Merchant obligations and acceptable use
By using the Platform, you agree to:
- comply with the laws that apply to your business and your sales;
- not use the Platform for illegal or fraudulent purposes;
- not sell prohibited or counterfeit products;
- respect the intellectual property and other rights of third parties;
- not attempt to compromise the security or operation of the Platform, or to access another account's data;
- comply with the terms of the third-party services you connect (payment providers, delivery companies, social networks);
- keep your Store's information up to date, in particular the legal information and sales terms shown to your Customers.
16. Intellectual property
16.1. The Platform, its software, themes, texts, logos and graphics are the property of Pureclic Agency SARL or its partners. For the duration of your Subscription, Mallatech grants you a non-exclusive, non-transferable right to use the Platform for the purposes of your business. Themes may only be used with the Platform.
16.2. You remain the owner of your content (texts, images, logos, product listings). You authorise Mallatech to host, reproduce and display it only as far as necessary to provide the Services. You warrant that you hold the necessary rights to that content.
17. Third-party services
The Platform lets you connect third-party services: delivery companies, payment providers, social networks, domain registries, app stores. Their use is subject to their own terms. Mallatech is not responsible for their availability or their acts. An integration may be changed or removed if the third party changes or ends its service.
18. Availability and support
18.1. The Platform is provided "as is". Mallatech makes reasonable efforts to keep it available 24/7 but does not guarantee uninterrupted availability. It is not responsible for temporary interruptions due to maintenance or to events beyond its control.
18.2. Support can be reached using the contact details in section 1.
19. Liability
19.1. You alone are responsible for the content published in your Store and for transactions with your Customers. Mallatech cannot be held liable for disputes between a Merchant and its Customers.
19.2. To the extent permitted by law, Mallatech is not liable for indirect damages, including loss of revenue, customers or data. Its total liability under these Terms is limited to the amounts you paid to Mallatech in the 12 months before the event giving rise to the claim. These limits do not apply in the case of gross negligence or wilful misconduct, or where the law forbids them.
20. Suspension and termination by Mallatech
20.1. Mallatech may suspend or terminate an account for breach of these Terms, in particular for fraud, sale of prohibited products, a risk to the security of the Platform or third parties, or a chargeback of an amount that was due. Except in urgent cases, Mallatech informs you beforehand.
20.2. Termination for breach gives no right to a refund.
21. Personal data
The processing of personal data is described in the Privacy Policy.
22. Changes to these Terms
Mallatech may change these Terms. Any material change is notified to you by email or in your admin area at least 30 days before it takes effect. If you do not accept the change, you can stop renewal (section 12); continuing to use the Platform after the change takes effect means you accept it.
23. Governing law and disputes
These Terms are governed by Tunisian law. For any complaint, please contact support first using the details in section 1. In case of a dispute, the parties will seek an amicable solution. Failing that, the courts of Tunis have exclusive jurisdiction.
24. Language
These Terms are available in French, English and Arabic. In case of any discrepancy between these versions, the French version prevails.
25. Contact
Pureclic Agency SARL (Mallatech)
63 Av Habib Bourguiba, Le Bardo 2000, Tunis, Tunisia
Email: [email protected] · Phone: +216 93 793 245