Terms and Conditions

These Terms and Conditions govern the use of the services offered by Martking (“Martking”) on the Martking website (the “Website”). Please read these Terms and Conditions and the Privacy Policy (the “Privacy Policy”) carefully before using Martking’s services or its website.

Your use of Martking services or its website constitutes your acceptance of and agreement to all of the terms and conditions in these Terms and Conditions and the Privacy Policy, and your confirmation that you are either at least eighteen (18) years of age or under the supervision of a parent or legal guardian who is at least eighteen (18) years of age.

Use Of Website

By using Martking’s website, you confirm that you are either at least 18 years of age or are using the website under the supervision of a parent or legal guardian who is at least eighteen (18) years of age.

We grant you a non-transferable and revocable license to use the website, under the Terms and Conditions described, for the purpose of shopping for items sold on the website. Any breach of these Terms and Conditions shall result in the immediate revocation of the license granted to use the website without notice to you.

Some services and features on the website may require registration or subscription. Should you choose to register or subscribe for such services or features, you agree to provide accurate and current information about yourself and to promptly update such information if there are any changes.

User Account

You are the sole authorised user of any account you create with Martking and are entirely responsible for all activities that occur under such account.

You are responsible for maintaining the confidentiality of any account name you create as well as any password associated with such account. You agree to immediately notify us of any suspected or actual unauthorised use of your account and/or password.

By providing your contact information, such as phone number and email address, you agree to receive information including but not limited to availability of items in your order, the status of your order, promotions, and other information that Martking may deem fit to send you.  At any point, you may request us to discontinue sending you such information.

You must inform us immediately of any changes to the information that you provided when registering by updating your personal details.

If Martking believes that there is likely to be a breach of security or misuse of the Martking website, we may require you to change your password or we may suspend your account.

Within reason, Martking may suspend or cancel your account for a variety of reasons, including but not limited to breach of your obligations under these Terms and Conditions.

Martking shall not be responsible or liable in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with these Terms and Conditions.

User Submissions

The Martking website may allow the submission of various kinds of communication in the form of comments, reviews, photographs, videos, comments, and other communication by users of the website.

All such submissions will be considered non-confidential and will be available for Martking to use as it deems fit in any medium and in any territory globally.

All users of the Martking website hereby agree not to submit material that: (i) is copyrighted, subject to privacy or publicity rights or otherwise subject to third party proprietary rights unless you are the owner of such rights or have permission from the owner to submit the material; (ii) is unlawful, illegal, obscene, harassing, defamatory, libelous, treasonable, pornographic, hateful, racially, religiously or ethnically offensive or is otherwise inappropriate; (iii) could damage the reputation of Martking or any third party; or (iv) impersonates another person. Martking reserves the right to remove any submission at its discretion and not least if the submission breaches any of the above listed terms.

Martking does not endorse submissions made on its website, Martking disclaims any liability in connection with any submission. You accept that by accessing Martking’s website you may be exposed to submissions that may be offensive, inaccurate or distasteful, and you hereby waive any legal rights or claims you may have against  Martking in relation to this.

Website Content And Pricing

While care is taken to ensure the content published by Martking on its website, including but not limited to product images, product names, product descriptions, product functionalities, product uses, product ingredients, and prices, is accurate and complete, errors may occur, and you hereby agree that Martking will not be liable in any way for such content.

Though the content may be the same, depending on the item version (e.g. books), images on the site may differ slightly from the actual item. Also, prices of items that need to be weighed (e.g. fruits, vegetables, meat) may be guide prices or approximated to enable you to make a buying decision. However, you will only be billed for the actual weight purchased; any difference in guide to actual price will be credited/debited to your Martking wallet as the case may be. The actual price of weighed items will be fully visible to you upon delivery.

In line with this, Martking reserves the right to refuse or cancel any order if the order contains item(s) that are mispriced or contain incorrect, inaccurate or incomplete content.

Order Acceptance And Cancellation

Martking reserves the sole right to determine which orders to accept and process as well as the right to cancel any order at its own discretion. However, Martking will ensure that the cancellation of any order is communicated in an appropriate time and manner.

Orders Including Alcoholic Drinks

Alcoholic drinks may only be purchased by individuals who are at least eighteen (18) years of age. By purchasing such products on the Martking website, you confirm that: (i) you are at least eighteen (18) years of age; and (ii) you will provide legitimate and legally recognized identification confirming your age to the driver upon delivery of your order. (iii) you accept that failure to provide such identification may result in Martking and its employees or agents refusing to deliver your order (iv) you accept that Martking and its employees or agents reserve the right not to fulfill delivery of your order if there is any doubt that the identification provided by you is illegitimate, fake or falsified in any way.

Third-Party Websites

Martking may provide web links to websites owned or operated by third parties. Martking does not endorse the content or any products or services available on such websites and is not responsible for such content. Your connection to any other websites from the Martking website is at your own risk.

Use Of Material

Unless otherwise stated, Martking owns all rights to the materials, content, layout, images, text, and design of this website. Users of this website may browse the website and download material displayed on the website for non-commercial, lawful, personal use only, provided that all copyright and other proprietary notices contained on the material so downloaded are retained and such information is not modified, copied, posted, or broadcast in any media. Without the express permission of Martking, any other copying, reproduction, posting on any other website, republication, downloading, uploading, encoding, modification, translation, public performance or display, distribution or transmission of any portion of this website, or the creation of any derivative works from this Website is prohibited.

Trademarks And Copyrights

Martking owns, controls, and operates this website. All material on this website, including images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, and other intellectual property rights owned and controlled by us or by third parties who have licensed or granted us permission to use their material. You may use the material on the Martking website for personal, non-commercial purposes. You must not copy, reproduce, republish, upload, post, transmit, or distribute such material in any way, whether directly or indirectly, including by e-mail or other electronic means, and you must not assist anyone else in doing so. Modification of the materials, use of the materials on any other website or networked computer environment, or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks, and other proprietary rights, and is prohibited.

 Territorial Use

Martking offers no guarantee that items on the Martking website are appropriate or available for use in locations outside Nigeria, and accessing the Martking website from territories where its contents are illegal or unlawful is prohibited and done at the user’s risk. Ultimately, the user is responsible for ensuring that accessing or using the Martking website is done in accordance with applicable local laws.

Applicable Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of Nigeria and any disputes will be decided by Nigerian courts.

Limitation Of Liability

You agree that Martking shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from or in connection to use of Martking’s services or website. In no event shall Martking’s total liability to you exceed the amount paid by you to Martking.

Indemnity

You hereby indemnify and hold harmless Martking, its owners, licensees, affiliates, subsidiaries and their respective officers, directors, agents, and employees, against any losses, claims, actions, costs, damages, penalties, fines and expenses including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of your breach of these Terms and Conditions, Privacy Policy and other Policies, or your violation of any law, rules or regulations or the rights of a third party.

Termination

Martking reserves the right to suspend or terminate your access to the Martking website at any time and without prior notice to you.

If your access to the website is terminated, you must immediately cease all access to and use of the Martking website, and we will immediately revoke all password(s) and account identification issued to you, as well as deny your access to and use of the website in whole or in part, in addition to any other legal or equitable remedies.

If you are dissatisfied with the website or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to stop using the website.

Delivery Windows

For your convenience, we provide a same-day delivery window during which we expect to deliver your order. You can select your preferred delivery window if you want it to be delivered on a specific date or time at checkout by adding a special note or comment and we will make every effort to deliver within that window. If there is a delay, you will be notified as far in advance as possible. Finally, the delivery windows are only guidelines; we are not required to deliver within the specified time frames. We guarantee that your order will be delivered within 24 hours of the time specified in your delivery window. Having said that, most of our customers’ orders are delivered within their specified delivery window, and this is always our goal.

Communicating With You During Order Processing

We may need to contact you while processing your order to discuss the availability of items in your order and any suggested replacements. We require a response within 20 minutes of receiving emails or phone calls regarding any replacements in your order; otherwise, we may deliver only the items ordered, without any suggested replacements. Please indicate your preferred mode of communication at the checkout if you do not want us to contact you via phone call or WhatsApp, which is our primary mode of communication. This preferred mode of communication, however, only applies to order updates prior to dispatch. Once an order has been shipped, we may contact you via phone, so please keep your phone number close at hand.

Access To Your Delivery Location

We always make every effort to deliver your order right to your door. However, if access to your location is restricted due to a worsening road, flood, roadblocks, civil unrest, or other factors, you must notify us in advance so that the delivery driver can meet you at a more convenient and accessible location. Failure to notify us of such issues may result in a delivery delay and/or cancellation of your order.

Access Within Your Building

Our delivery drivers will gladly deliver your order to your front door, or even to your home if you prefer. If your building has an elevator, the order will be delivered to the floor you are on. However, if the building lacks an elevator, drivers will only be able to reach the 3rd floor (assuming the ground floor is the 1st floor). If your order includes large and/or heavy individual items, such as water refill bottles, the driver will only go to the second floor if the building does not have an elevator.

Meeting Our Delivery Driver

In order for our delivery drivers to make on-time deliveries, they must wait a maximum of 10 minutes for each customer to receive their order. If you contact a customer and they do not respond or do not show up within 10 minutes, the driver will leave your address. If you are not present at the delivery location, your order may be rescheduled for a fee. We accept no responsibility for perishable or other items that are damaged while you wait.

Cancellations

When we receive customer orders, we immediately begin processing them. And, because we don’t keep our own stock and only buy from supermarkets and retail stores when customers place orders, as soon as customers pay for their orders, we begin purchasing the items they’ve chosen from the supermarkets. Because the retailers we buy from only have a return policy for damaged or incorrect items, we are unable to return items purchased from us to the retailers. As a result, once an order has been paid for, Martking cannot accept cancellations or issue refunds (either to the customer’s Martking wallet or to their bank account). This, however, does not affect your right to a refund if you receive an incorrect or damaged item.

Returns

If we deliver an incorrect or damaged item (due to our negligence), we will gladly replace it at no additional cost to you. Customers must notify us within 2-3 business days for groceries and 7 business days for electronics in order for us to replace such items. As a result, we ask customers to double-check the accuracy of their orders and confirm them within the time frame specified above. Martking will not accept returns for items that have no visible physical damage or that have passed our return deadline. Martking will not accept returns on products that are materially intact but have packaging that has scratches, chips, cracks, dents, discoloration, rust, or other aesthetic imperfections that do not affect the taste, functionality, or integrity of the actual product.

Refunds

If an item you ordered is out of stock, we will continue to look for it until it is back in stock. If the item remains out of stock after our checks, any credit owed to you will be added to your Martking eWallet. Refunds to bank accounts are not processed by us.

If your address is not within our delivery coverage areas, or if we later receive a payment that did not appear in our account when you made it, we may process a refund to your account after deducting applicable bank charges.

Treatment Of Our Employees

Martking staff members frequently go above and beyond to ensure customers are completely satisfied with the service. We expect our customers to treat all of our employees with the same courtesy and respect, whether they communicate with us via email, phone, or in person. Our employees mean a lot to us, and we couldn’t provide the service we do without them. So, while we will be patient with customers, we will not tolerate any written, verbal, or physical abuse directed at our employees. Any violation of this by a customer may result in us refusing the customer’s order. If the items in the customer’s order have already been picked and paid for, we may decide not to deliver to the customer’s address and instead require the customer to collect the order from a location of our choosing. However, if the items were not purchased, we can issue a refund after deducting all applicable banking, transaction, and operational fees and costs incurred by Martking. Martking reserves the right to report any case of abuse to law enforcement authorities.