Terms of Service
OVERVIEW
This website is operated by Martking Online Store. Throughout the site, the terms “we”, “us” and “our” refer
to Martking Online Store. Martking Online Storeoffers this website, including all information, tools, and services made available to you, the user, on the condition that you accept all of the terms, conditions, policies, and notices stated here. By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), as well as any additional terms and conditions and policies referenced herein and/or accessible via hyperlink. These Terms of Service apply to all users of the site, including but not limited to browsers, vendors, customers, merchants, and/or content contributors. Please carefully read these Terms of Service before accessing or using our website. You agree to be bound by these Terms of Service by accessing or using any part of the site. You may not access the website or use any services if you do not agree to all of the terms and conditions of this agreement. Acceptance is expressly limited to these Terms of Service if these Terms of Service are considered an offer. Any new features or tools added to the current store will be subject to the Terms of Service as well. The most recent version of the Terms of Service can be found on this page at any time. By posting updates and/or changes to our website, we reserve the right to update, change, or replace any part of these Terms of Service. It is your responsibility to check this page for updates on a regular basis. Your continued use or access to the website after any changes are posted constitutes acceptance of those changes.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the legal age of majority in your state or shop contact province state of residence, or that you are the legal age of majority in your state or shop contact province state of residence and have given us permission to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose, and you may not violate any laws in your jurisdiction by using the Service (including but not limited to copyright laws). You are not permitted to send any worms, viruses, or destructive code. Any violation of the Terms will result in the immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone at any time for any reason. You acknowledge that your content (excluding credit card information) may be transferred unencrypted and may involve (a) transmissions over various networks and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during network transfer. Without our express written permission, you agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided. The headings in this agreement are included for convenience only and have no bearing on the Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not liable if the information on this site is not accurate, complete, or up to date. The information on this website is for general information purposes only and should not be relied on or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the information on this website is entirely at your own risk. This website may contain historical information. Historical information is, by definition, out of date and is provided solely for your convenience. We reserve the right to change the contents of this site at any time, but we are under no obligation to keep any information on our site up to date. You acknowledge that it is your responsibility to keep track of changes to our website.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Our product prices are subject to change without notice. We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time and without notice. We will not be liable to you or any third party if the Service is modified, priced, suspended, or discontinued.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may only be available through the website. These products or services may be in limited supply and are only returnable or exchangeable in accordance with our Return Policy. We have made every effort to display the colors and images of our products that appear in the store as accurately as possible. We cannot guarantee that the colors displayed on your computer monitor will be accurate. We reserve the right, but are under no obligation, to limit the sale of our products or Services to any individual, geographic region, or jurisdiction. We may exercise this right on an individual basis. We reserve the right to limit the quantity of any of our products or services. All product descriptions and pricing are subject to change at any time without notice, at our sole discretion. At any time, we reserve the right to discontinue any product. Any offer made on this site for any product or service is void where prohibited. We make no guarantee that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, nor do we guarantee that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to reject any order placed with us. We reserve the right, at our sole discretion, to limit or cancel the number of items purchased per person, per household, or per order. Orders placed by or under the same customer account, credit card, and/or the billing and/or shipping address may be subject to these restrictions. If we change or cancel an order, we may attempt to notify you by contacting the e-mail address and/or billing address/phone number provided at the time the order was placed. For more detail, please review our Returns Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we have no control or input. You acknowledge and agree that we provide such tools “as is” and “as available,” with no warranties, representations, or conditions of any kind, and without any endorsement. We accept no liability arising from or related to your use of optional third-party tools. Any use of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms under which the relevant third-party provider provides the tools (s). We may also offer new services and/or features on the website in the future (including, the release of new tools and resources). These Terms of Service will apply to any new features and/or services.
SECTION 8 – THIRD-PARTY LINKS
Third-party materials may be included in certain content, products, and services available through our Service. Third-party links on this site may take you to websites that are not associated with us. We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites, nor do we warrant or accept liability or responsibility for any third-party materials, products, or services. We are not liable for any harm or damages resulting from the purchase or use of goods, services, resources, content, or any other transactions made through any third-party websites. Please carefully review and understand the third-policies party’s and practices before engaging in any transaction. Third-party product complaints, claims, concerns, or questions should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If you send us creative ideas, suggestions, proposals, plans, or other materials (collectively, “comments”), whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use any comments that you forward to us in any medium. We are and shall be under no obligation to (1) keep any comments confidential, (2) compensate for any comments, or (3) respond to any comments. We may, but are under no obligation to, monitor, edit, or remove content that we deem to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual property or these Terms of Service. You agree that your comments will not infringe on any third-rights, party’s including copyright, trademark, privacy, personality, or any other personal or proprietary right. You also agree that your comments will not contain libelous or otherwise unlawful material, nor will they be abusive or obscene, nor will they contain any computer virus or other malware that could interfere with the operation of the Service or any related website. You may not use a false e-mail address, pose as someone other than yourself, or otherwise mislead us or third-party commenters as to the origin of any comments. You are solely responsible for the accuracy of any comments you make. We accept no responsibility or liability for any comments made by you or any third party.
SECTION 10 – PERSONAL INFORMATION
Our Privacy Policy governs your submission of personal information through the store. View our Privacy Statement.
SECTION 11 – ERRORS, INACCURACIES, AND OMISSIONS
On rare occasions, information on our website or in the service may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right, at any time and without prior notice, to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the service or on any related website is inaccurate (including after you have submitted your order). Except as required by law, we make no commitment to update, amend, or clarify information in the service or on any related website, including, without limitation, pricing information. There is no specific update or refresh date applied in the Service or on any related website that should be interpreted as indicating that all information in the Service or on any related website has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to the other prohibitions stated in the Terms of Service, you are not permitted to use the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe or violate our intellectual property rights or the intellectual property rights of others; and (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate on the basis of gender, sexual orientation, religion, ethnic (g) to upload or transmit viruses or other types of malicious code that will or may be used in any way that will or may be used to affect the functionality or operation of the Service or any related website, other websites, or the Internet; (h) to collect or track the personal information of others; I to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent If you violate any of the prohibited uses, we reserve the right to terminate your use of the Service or any related website.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We make no guarantees, representations, or warranties that your use of our service will be continuous, timely, secure, or error-free. We do not guarantee that the results obtained from using the service will be accurate or reliable. You agree that we may, at any time, remove the service for indefinite periods of time or cancel the service without notice to you. You expressly agree that your use of the service, or inability to use it, is entirely at your own risk. Except as expressly stated by us, the service and all products and services delivered to you through the service are provided ‘as is’ and ‘as available for your use,’ without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no event shall Martking Online Store, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost data, or lost opportunities., including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any other similar damages arising from your use of any of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise Because some states or jurisdictions prohibit the exclusion or limitation of liability for incidental or consequential damages, Our liability in such states or jurisdictions shall be limited to the greatest extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend, and hold Martking Online Store and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation.
SECTION 15 – SEVERABILITY
If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, such provision shall be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service; such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
For all purposes, the parties’ obligations and liabilities incurred prior to the termination date will survive the termination of this agreement. These Terms of Service are in effect until either you or we terminate them. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services or by discontinuing use of our website. If, in our sole discretion, you fail to comply with any term or provision of these Terms of Service, or we suspect that you have failed to comply, we may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination; and/or we may deny you access to our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
We shall not be deemed to have waived any right or provision of these Terms of Service if we fail to exercise or enforce such right or provision. These Terms of Service, as well as any policies or operating rules posted by us on this site or in relation to The Service, represent the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be held against the party who drafted them.
SECTION 18 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the law.
SECTION 19 – CHANGES TO TERMS OF SERVICE
The most recent version of the Terms of Service can be found on this page at any time. We reserve the right to update, change, or replace any part of these Terms of Service at our sole discretion by posting updates and changes to our website. It is your responsibility to check our website for changes on a regular basis. Your continued use or access to our website or the Service after any changes to these Terms of Service are posted constitutes acceptance of those changes.
SECTION 20 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at : service@martking.ng
