LEGAL DISCLAIMER:
The statements presented here are depictions of individual results. Performance may vary and actual
results are not guaranteed. Testimonials and endorsements are portrayed by compensated actors and
are not representative of all customers.
1. Introduction
These terms and conditions govern your use of this website. By using our website, you agree to these
terms and conditions in full. If you do not accept or do not agree with these terms and conditions
or any part of these terms and conditions, you must not use our website.
2. Your Privacy
Where we collect your personal information as a result of your accessing and using this website, our
Privacy Policy will apply to that information. Accordingly, these Terms must be read in conjunction
with our Privacy Policy.
3. Licence to use Website
Unless otherwise stated, we or our licensors own the intellectual property rights in the website and
material on the website. All these intellectual property rights are reserved, subject to the licence
below. Subject to the restrictions set out below and elsewhere in these terms and conditions, you
may view, download for caching purposes only, and print pages from the website for your own personal
use. You are not permitted to:
- republish material from this website;
- republish material from this website on another website;
- sell, rent or sub-license material from this website;
- show any material from this website in public;
- reproduce, duplicate, copy or otherwise exploit material on our website for a commercial
purpose;
- edit or otherwise alter any material on this website;
- redistribute any material from this website except for content explicitly made available for
redistribution (such as our newsletter).
4. Acceptable Use
You must not use our website in any manner that is illegal, unlawful, fraudulent or harmful, or in
relation with any illegal, unlawful, fraudulent or harmful purpose or activity; or in any way that
causes, or may cause, damage to the website or impairment of the availability or accessibility of
the website. You must not use our website to copy, store, transmit, host, send, use, publish or
distribute any material which consists of or is affiliated to any spyware, computer virus, Trojan
horse, worm, keystroke logger, rootkit or other malicious computer software whatsoever. Without our
prior express written consent, you must not conduct any systematic or automated data collection
activities including without limitation scraping, data mining, data extraction and data harvesting
on or in relation to our website. You must not use our website to send or transmit unsolicited
commercial communications. You must not use our website for any objective related to marketing
without our prior express written consent.
5. Restricted Access
Access to particular areas of our website is restricted. At our discretion we reserve the right to
restrict access to areas of our website, or our entire website. Should we provide you with a user ID
and password to enable you access to restricted areas of our website or other content or services,
you must ensure that your user ID and password is kept confidential. At our discretion we may
disable your user ID and password without notice or justification.
6. Your username and password
Your username and password are personal to you and you must at all times maintain the confidentiality
of your username and password and not disclose them to any third party. Your username and password
may be used by one person only, i.e. a single login is not permitted to be shared by multiple
people. You agree that you are solely responsible for any use of this website by any person using
your username and password and you agree to indemnify us against any and all claims arising out of
your failure to maintain the confidentiality of your username or password. We will not be liable for
any loss that you may incur as a result of someone else using your password or account (whether with
or without your knowledge). You agree to notify us immediately of any unauthorised use of your
account or any other breach of security.
7. Products
We may offer goods or services ('Products') for sale on this website. Your purchase of each Product
shall be governed by these Terms and any additional terms that we communicate to you at the time of
purchase.
8. Subscription Products
Some Products may be purchased for a specified term, e.g., monthly or annually ('Subscription
Products'), rather than relating to a one-off good or service. The subscription term varies
depending on the Subscription Product that you order. You are entitled to receive the relevant
Subscription Product only during the subscription term specified in your order.
9. Contract formation
This website and the information on it constitute an invitation to treat and not an offer to supply
Products. When you order Products from us, this constitutes an offer from you to buy those Products
in accordance with these Terms. Only when we have accepted your order through the website following
our receipt of your payment for that order shall a contract be formed between you and us.
10. Our discretion in rejecting or accepting orders
No order shall be deemed accepted by us until you have received an order confirmation from us. We
reserve the right to accept or reject (for any reason whatsoever and in whole or in part) any order
submitted by you. If we reject your order (or part of your order), any money paid by you in relation
to the rejected part of that order shall be refunded and we shall have no further liability to you
in relation to the rejected part of that order.
11. Prices
The price payable by you for any Product ordered by you shall be the price quoted on this website at
the time your order is submitted. We may vary any prices on this website at any time and without
notice to you.
12. Taxes and other charges
All prices on this website are exclusive of all import fees, duties, tariffs, taxes or other imposts
or charges which may be payable in relation to your order. You shall be liable to pay any import
fees, duties, taxes, and other imposts or charges which are payable in relation to your order. We
shall not be liable for any import fees, duties, tariffs, taxes or other imposts or charges which
may be payable in relation to your order.
13. Payment
We may charge fees or other amounts to access certain aspects of the Products available on this
website. We have no obligation to supply Products unless and until we receive payment of all prices
and fees. You are fully liable for all charges incurred under your account whether or not authorised
by you. You must pay for your orders using the third-party payments service selected by us, such as
ClickSure.com. You agree to pay for your orders by authorising our nominated third-party payment
service to charge your credit card account for the total price of the goods or services ordered and
the applicable delivery charges (if any). You agree to be bound by the terms of these third-party
payment services.
14. Problems with payments
If there is a problem with your payment (for example, if your credit card transaction is declined),
we may contact you to make alternative payment arrangements. You will be liable for all debt
collection costs where you fail to make payment for any order.
15. Cancellation of orders: Non-Subscription Products
You may cancel your order any time prior to our order confirmation. Because downloadable goods or
services are available to you, and could be copied by you on delivery, you cannot cancel once we
have confirmed your order. If you cancel an order in accordance with these Terms before
confirmation, we will refund your money as soon as reasonably possible and in any event within 60
days of cancellation of your order.
16. Outbound hyperlinks
This website may contain hyperlinks to third party websites ('outbound hyperlinks'). Outbound
hyperlinks are provided for your convenience only and may not remain current or be maintained. We
make no endorsement of, and accept no responsibility for, any content accessible through any
outbound hyperlink. You are responsible for complying with any terms and conditions imposed by third
party websites.
17. Inbound hyperlinks
You agree that you will not publish or distribute any hyperlinks, hotlinks, or deep-links to this
website ('inbound hyperlink') without our prior written permission in each instance. If you do
create an inbound hyperlink, you will be responsible for all losses (whether direct or indirect)
that we may suffer as a result of that hyperlink. Publishing or distributing inbound hyperlinks is
done at your own risk.
18. Warranties
Whilst we endeavour to ensure that the information on this website (excluding user content) is
correct, we do not guarantee its correctness or completeness; nor do we commit to ensuring that the
website remains available or that the material on the website is kept up-to-date. We exclude all
representations, warranties and conditions relating to this website and the use of this website
including, without limitation, any warranties implied by law of a satisfactory quality, fitness for
purpose and/or the use of reasonable care and skill.
19. Limitation of liability
Nothing in these terms and conditions or elsewhere on our website shall exclude or limit our
liability for fraud, for death or personal injury caused by our negligence, or for any other
liability which cannot be excluded or limited under the appropriate law. Subject to this, our
liability to you in relation to the use of our website or under or in association with these terms
and conditions, whether in contract, tort (including negligence) or otherwise, shall be limited as
follows:
- to the extent that the website and the information and services on the website are provided
free-of-charge, we shall not be liable for any loss or damage of any nature;
- we shall not be liable for any consequential, indirect or special loss or damage;
- we shall not be liable for any loss of profit, income, revenue, anticipated savings, contracts,
business, reputation, data, information or goodwill;
- we shall not be liable for any loss or damage occurring out of any event or events that are
beyond our reasonable control;
- our maximum liability in relation to any event or series of related events shall be limited to
$1.
20. Indemnity
You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs,
liabilities and expenses, including without limitation legal expenses and any amounts paid by us to
a third party in settlement of a claim or dispute on the advice of our legal advisers, incurred or
suffered by us arising out of any breach by you of any condition of these terms and conditions.
21. Breaches of these terms and conditions
Without prejudice to our other rights under these terms and conditions, if you breach these terms and
conditions in any way, we may take such action as we deem suitable to deal with the breach,
including prohibiting you from accessing the website, suspending your access to the website,
blocking computers using your IP address from accessing the website, contacting your internet
service provider to request that they block your access to the website and/or bringing court
proceedings against you.
22. Variation
We may revise these terms and conditions on occasion. Such revised terms and conditions shall apply
to the use of our website from the date of the publication of the revised terms and conditions on
our website. To ensure you are familiar with the current version please check this page
regularly.
23. Assignment
We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms
and conditions without notifying you or obtaining your consent. We do not permit you to transfer,
sub-contract or otherwise deal with your rights and/or obligations under these terms and
conditions.
24. Severability
If a provision of these terms and conditions is determined by any court or other competent authority
to be unlawful and/or unenforceable, the other provisions shall continue in effect. If any unlawful
and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part
shall be deemed to be deleted, and the rest of the provision shall continue in effect.
25. Exclusion of third party rights
These terms and conditions are for the benefit of you and us, and are not intended to benefit any
third party or be enforceable by any third party. The exercise of our and your rights in connection
to these terms and conditions is not to be subject to the consent of any third party whatsoever.
26. Entire agreement
These terms and conditions, together with our privacy policy, constitute the entire agreement between
you and us in regard to your use of our website, and supersede all prior agreements in respect of
your use of this website.
27. Law and jurisdiction
Any relevant terms and conditions, policies and notices shall be governed by and construed in
accordance with the laws of Cyprus without giving effect to any principles of conflict of law. You
hereby consent to the exclusive jurisdiction of the High Court of Cyprus in respect of any disputes
arising in connection with the website, or any relevant terms and conditions, policies and notices
or any matter related to or in connection therewith.
28. Contact Us
If you have any questions about the Agreement or about the practices of Markenark please feel free
to contact us at:
Address: Address goes here...
Online Support: Click Here
Phone Support: Phone number here...
