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Last updated as of August 1, 2018
Welcome to markavip. com (hereafter referred to as "MARKAVIP" or "We" or "Us" ). The following terms and conditions regulate the relationship between you and MARKAVIP. MARKAVIP and/or its affiliates will provide online-shopping features and relevant products and services to you when you access and use MARKAVIP website, applications for mobile phone or any similar devices or platforms run by JOLLYCHIC EC LIMITED (collectively "MARKAVIP Services").
By using MARKAVIP Services, you accept the Terms of Service (hereafter referred to as "Agreement") and agree to comply with them. Please read them carefully. We offer a wide range of MARKAVIP Services, and sometimes additional terms may apply. When you use an MARKAVIP Service (for example, Your Profile, Gift Cards, MARKAVIP Videos, Your Social platforms, MARKAVIP devices, or MARKAVIP applications) , you will also be subject to the relevant guidelines, terms and agreements applicable to that special MARKAVIP Service. If the Terms of Service are inconsistent with those special Service Terms, those Service Terms will control.
To use some of our Services, you need to create an account with us. When you create the account, you must provide us accurate and up-to-date information and keep such information current and complete.
You may be required to be logged into the account and have a valid payment method associated with it. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. MARKAVIP does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the MARKAVIP Services only with involvement of a parent or guardian. Alcohol listings on MARKAVIP are intended for adults. You must at least reach full legal age to purchase alcohol, or use any site functionality related to alcohol. MARKAVIP reserves the right to disable your MARKAVIP account, terminate your rights to use MARKAVIP Services, remove or edit content, or cancel orders if in its sole discretion you have failed to comply with any of the provisions of the Terms and Conditions.
Subject to your compliance with the Terms of Service and your use of MARKAVIP Services, your payment of any applicable fees, MARKAVIP or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the MARKAVIP Services. This license does not include any resale or commercial use of any MARKAVIP Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any MARKAVIP Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in the Terms of Service or any relevant Service Terms are reserved and retained by MARKAVIP or its licensors, suppliers, publishers, rights holders, or other content providers. No MARKAVIP Service, nor any part of any MARKAVIP Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of MARKAVIP. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information
( including images, text, page layout, or form) of MARKAVIP without express written consent. You may not use any meta tags or any other "hidden text" by utilizing MARKAVIP' s name or trademarks without the express written consent of MARKAVIP. You may not misuse the MARKAVIP Services. You may use the MARKAVIP Services only as permitted by MARKAVIP and applicable laws. The licenses granted by MARKAVIP terminate if you do not comply with the Terms of Service or any relevant Service Terms.
MARKAVIP attempts to be as accurate as possible. However, MARKAVIP does not warrant that product descriptions or other content of any MARKAVIP Services are accurate, complete, reliable, current, or error-free. If a product offered by MARKAVIP itself is not as described, your sole remedy is to return it in unused condition.
We regularly check List Prices against prices recently found on MARKAVIP and other retailers. Certain products may have a "Was Price" displayed, which is determined using recent price history of the product on MARKAVIP. With respect to items sold by MARKAVIP, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If t he correct price of an item sold by MARKAVIP is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.
We generally do not charge you until after your order has entered the shipping process.
You understand that other Parties other than MARKAVIP operate stores, provide services or software, or sell product lines through the MARKAVIP. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites or apps). MARKAVIP does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
When you use MARKAVIP Services, or send e-mails, text messages, and other communications to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, mobile push notices, or notices and messages on MARKAVIP website or application, or through the other MARKAVIP Services, such as our Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that you provide to us electronically satisfy any legal requirement.
MARKAVIP does not take title to returned items until the item arrives at our fulfillment/reception center. At our discretion, a refund may be issued upon the return of the items. If the refund is make without a return, in this situation, MARKAVIP does not take title to the refunded item. For more information about our returns and refunds, please see our Returns Center.
The risk of loss of all items that you purchase from MARKAVIP passes to you when MARKAVIP delivers the items to a carrier pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
You may post reviews, comments, photos, videos, and other content; send e-cards and other communications on MARKAVIP; and submit suggestions, ideas, comments, questions, or other information to MARKAVIP, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to MARKAVIP or any third party, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. MARKAVIP reserves the right
MARKAVIP a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world on in MARKAVIP or any media. You grant MARKAVIP and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify MARKAVIP for all claims resulting from content you post or supply.
MARKAVIP takes no responsibility and assumes no liability for any content posted by you or any third party. MARKAVIP has the right but not the obligation to monitor and edit or remove any activity you do or content you post alleged to be infringing without prior notice and at our sole discretion. We will respond to notices of alleged intellectual property rights infringement that comply with applicable law and are properly provided to us. If you believe that your content has been copied in a way that constitutes intellectual property rights infringement, you may send notices to us at following email address: email@example.com
All content included in or made available through any MARKAVIP Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of MARKAVIP or its content suppliers and protected by copyright laws and rights related thereof. The compilation of all content included in or made available through any MARKAVIP Services is the exclusive property of MARKAVIP and protected by applicable laws.
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any MARKAVIP Services are trademarks or trade dress of MARKAVIP in the Saudi Arabia, Jordan, Kuwait, Qatar, Oman, United Arab Emirates and other countries. MARKAVIP ' s trademarks and trade dress may not be used in connection with any product or service that is not MARKAVIP 's, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits MARKAVIP. All other trademarks not owned by MARKAVIP that appear in any MARKAVIP are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by MARKAVIP.
One or more patents owned by MARKAVIP apply to the MARKAVIP Services and to the features and services accessible via the MARKAVIP. Portions of the MARKAVIP Services operate under license of one or more patents.
THE MARKAVIP SERVICES AND ALL RELATED INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER RELEVANT SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THEMARKAVIP SERVICES ARE PROVIDED BY MARKAVIP ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. MARKAVIP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE MARKAVIP SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MARKAVIP SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE MARKAVIP SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, MARKAVIP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MARKAVIP DOES NOT WARRANT THAT THE MARKAVIP SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MARKAVIP SERVICES, MARKAVIP'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM MARKAVIP ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, MARKAVIP WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY MARKAVIP SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY MARKAVIP SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
MARKAVIP shall not be held responsible for delays or failings in the fulfillment of the Agreement if such delays or failings arise from facts or circumstances reasonably perceived to be beyond the control of MARKAVIP, being unpredictable and inevitable, e.g. lightning, strike, fire, changed legal provisions or regulations provided by authorities, intervention by authorities, communication or transport disruptions, changes in exchange rates or natural disasters. You agree that the viruses, Trojan or other defects resulting from unauthorized access to software or non-authorized access to MARKAVIP or any type of hacking, hijacking, including in particular DOS attacks, shall be considered as a case of force majeure. MARKAVIP shall be released from its liabilities until the circumstance given rise to its inability to fulfill its obligations no longer exists. If MARKAVIP is prevented to fulfill its obligation for a longer period than 30 days due to any such circumstance mentioned above, the Parties shall have the right, without being liable to pay compensation, to terminate the Agreement with immediate effect.
Any dispute or claim relating in any way to your use of any MARKAVIP Service, or to any products or services sold or distributed by MARKAVIP or through MARKAVIP will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
The validity, construction and performance of this Agreement shall be governed and construed by the laws of Hongkong without regard to or application of its conflict of laws, provisions or your state or country of residence.
The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with MARKAVIP Services (the "MARKAVIP Software").
l Use of the MARKAVIP Software. You may use MARKAVIP Software solely for purposes of enabling you to use the MARKAVIP Services as provided by MARKAVIP, and as permitted by the Terms of Service and any Service Terms. You may not incorporate any portion of the MARKAVIP Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the MARKAVIP Software in whole or in part. All software used in any MARKAVIP Service is the property of MARKAVIP or its software suppliers and is protected by United States and international copyright laws.
l Use of Third Party Services. When you use the MARKAVIP Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile software provider. Your use of these third party services may be subject to the separate policies, Terms of Service, and fees of these third parties.
l No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the MARKAVIP Software, whether in whole or in part.
l Updates. We may offer automatic or manual updates to the MARKAVIP Software at any time and without notice to you.
l Conflicts. In the event of any conflict between the Terms of Service and any other MARKAVIP or third-party terms applicable to any portion of MARKAVIP Software, such as open-source license terms, such other terms will control as to that portion of the MARKAVIP Software and to the extent of the conflict.