ADB e-Mall Terms of Use
As of 15 July 2020

A.    Definition

1.    The ADB e-Mall is a site where Authorized Users, as defined in paragraph B(3) below, are  given the opportunity to  post “Allowable Content” as  defined in paragraph B(4) below, to help them dispose  of  personally-owned property  that other Authorized Users may need, and/or  obtain needed personal services  that other Authorized Users may be able to provide. The site is moderated by Events Management and Commercial Services (OAFA-EC) through this Terms of Use in accordance with all applicable administrative orders. 

2.    The ADB e-Mall also serves as an electronic bulletin board for ADB clubs, official events, and announcements  from Personal Service providers (PSPs) and other ADB Service Providers (SPs).

B.    Authorized Users 

3.    The following are the Authorized Users of ADB e-mall:

(i)    ADB staff;
(ii)    ADB consultants; 
(iii)    dependents and retirees who are endorsed by an ADB staff ;
(iv)    PSP and other SP representatives authorized by their respective ADB Staff Supervisors.
Note: Authorized users (ii), (iii) and (iv) can’t endorse an individual.  Only ADB staff can endorse.
4.   Allowable Content
    (i)       advertisement for the disposal of personally owned property by Authorized Users;
    (ii)      advertisement for the need of specific goods and/or personal services by Authorized Users; 
    (iii)     official messages and announcements from the ADB, ADB Clubs, PSPs and SPs.

C.    User Conduct
5.   All Authorized Users shall ensure compliance with paragraph 4.13  of Administrative Order 2.02 (Code of Conduct). 
6.  Only ADB staff, consultants, dependents, retirees, can advertise their disposal of personally owned property and advertisements on their need for personal services as defined in item A1. 
7.  ADB staff and consultants may directly upload advertisements in ADB e-Mall.  
8.  Dependents and retirees must seek endorsement first from ADB staff before they can upload their advertisements. 
9.  PSP and other SP representatives shall seek endorsement from the following prior to uploading any advertisements in ADB e-Mall.
(i)    All PSP (OAFA-EC) postings shall seek approval from Unit Head, OAFA-EC.
(ii)    Other SPs shall seek endorsement from their respective ADB staff supervisor.  

D.     Prohibited Content 
10.  Posting of advertisements that contain the following are prohibited:
(i)    illegal, abusive, pornographic or otherwise improper;
(ii)    related to illegal activities, including, but not limited to, terrorism, hacking, cracking, and phreaking;
(iii)    information that violates or infringe the intellectual property rights of others over software, music, photographs, text, videos, artwork and the like;
(iv)    information that violates the right of persons over any property;
(v)    private information of persons other than that of the Authorized User;
(vi)    material that contains software viruses, Trojan horses or any other computer code, files or programs designed to interrupt, damage or limit the functionality of any computer software, hardware or telecommunication equipment;
(vii)    food and beverage items, as well as, medical or herbal products; 
(viii)    data that have any other analogous content;
(ix)    foreign exchange of any currency;
(x)    general solicitation; 
(xi)    external commercial promotions; and
(xii)    external brokers

E.    Regulation
 11. Designated moderators shall:
(i)    regularly review contents uploaded in the ADB e-Mall; 
(ii)    ensure that use of the service is consistent with the ADB e-Mall Terms of Use; 
(iii)    do random checks to determine the origin of posts;
(iv)    immediately remove all posted contents found to violate the ADB e-Mall Terms of Use without prior notice to the Authorized User.

12.  Authorized Users who violate the ADB e-Mall Terms of Use shall be subject to disciplinary measures under Disciplinary Measures and Procedures (AO 2.04) and shall be permanently denied access to the ADB e-Mall.
F.    Disclaimer

13. The products and services advertised through ADB e-Mall are on an "as is" and "as available” basis, unless otherwise indicated in writing by the Authorized User. 

14. The use of ADB e-Mall, its services and tools, and any transaction (including sale, lease, or purchase) of any product or service through ADB e-Mall are at the User's sole risk. ADB e-Mall shall not be liable for damages of any kind arising from its use.

15.  ADB e-Mall disclaims all representations and warranties of any kind, expressed, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. 

Jessica Tan
Unit Head, OAFA-EC
15 July 20                    

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