Terms and Conditions
Welcome to MolKart ecommerce platform. Please review the
following terms and conditions (“Terms of use”) that govern the use and
purchase of products (Collectively, “use”) of our MolKart Site. Your use of
Site constitutes your agreement to follow and be bound by the Terms of Use.
This agreement contains various limitations on MolKart services and give power
and authority to Maldives Post Ltd with respect to online transactions. This
includes without limitation the power and authority to reject or cancel an
online transaction, to refund the funds to a buyer or to release the funds to a
seller.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. PLEASE PAY
ATTENTION TO PROVISIONS THAT EXCLUDE OR LIMIT LIABILITY AND TERMS OF DISPUTE
RESOLUTION, GOVERNING LAW AND JURISDICTION, WHICH MAY APPEAR IN CAPITAL
LETTERS.
- Binding
Agreement
- This
Agreement, including the Transactional terms and General terms, and to the
extent applicable, form a legally binding agreement between you and MolKart
in relation to your use of Transaction services, by accessing and using
the Transaction services, you agree to accept and bound by this Agreement.
- Contracting
party
- This
Agreement is entered into between you (also referred to as “Member”) and
the MolKart entity (also referred to as “we”) for the use of MolKart’s
certain transactional purposes described in the Agreement.
- Site
Contents
- Unless
otherwise noted, the design of the Site, the Site as a whole and all
materials that are part of the Site (collectively, "Contents")
are copyrights, trademarks, trade dress or other intellectual properties
owned, controlled or licensed by MolKart or its subsidiaries and
affiliates. Any use of the Contents without MolKart’s express written
consent is strictly prohibited.
- Comments,
Feedbacks and other Submissions
- We
welcome your comments and feedback regarding our Site, our products and
our services. We do not, however, accept confidential or proprietary
information. Accordingly, all comments, feedback, ideas, suggestions,
materials, information and other submissions disclosed, submitted or
offered to MolKart using this Site or otherwise (collectively,
"Comments") are not confidential and will become and remain MolKart’s
property. The disclosure, submission or offer of any Comments will
constitute an assignment to MolKart of all worldwide rights, titles and
interests and goodwill in the Comments without payment of any
compensation. Comments submitted by you must not violate any right of any
third party, and must not contain any libelous, abusive, obscene or
otherwise unlawful material.
- Intellectual
property rights
- All
editorial content, information, photographs, illustrations, artwork and
other graphic materials, and names, logos and trade marks on this Site are
protected by copyright laws and/or other laws and/or international
treaties, and belong to us and/or our suppliers, as the case may be. These
works, logos, graphics, sounds or images may not be copied, reproduced,
retransmitted, distributed, disseminated, sold, published, broadcasted or
circulated whether in whole or in part, unless expressly permitted by us and/or
our suppliers, as the case may be.
- All
software and accompanying documentation made available for downloading
from our Site is our copyrighted work or that of our suppliers. Software
and documentation ownership is retained by the copyright holder. Ownership
is not transferred to you; rather, you are licensed to use the software
and documentation. The use of any such software or documentation is
subject to the terms of a license agreement. Please read the license
agreement that accompanies each product and indicate your agreement to
those terms prior to downloading.
- Nothing
contained on the Site should be construed as granting by implication,
estoppel, or otherwise, any license or right to use any trademark
displayed on the website without our written permission. Misuse of any
trademarks or any other content displayed on the Site is prohibited.
- We
will not hesitate to take legal action against any unauthorized usage of
its trademarks, name or symbols to preserve and protect its rights in the
matter. All rights not expressly granted herein are reserved. Other
product and company names mentioned herein may also be the trademarks of
their respective owners.
- Transactional
Terms
- MolKart
provides an online transaction platform and subsidiary services
(collectively, “Transactional Services”) which allow registered members of
the MolKart for purchase of products and services within the MolKart
platform subject to the terms of this Agreement.
- MolKart
may publish transaction rules, dispute rules and other rules and policies
for any type of online transactions and any subsequent amendments or
modifications (Collectively, “Transactional terms”) as may be made from
time to time. Such Transactional Terms are expressively incorporated into
this Agreement by reference and you agree to be bound by such rules and
policies.
- Amendments
to terms
- You
acknowledge and agree that MolKart may amend any terms of this Agreement
including the Transactional Terms and General Terms at any time by posting
the relevant amended version on the Site. The amended term shall be
effective immediately. By continuing the use of MolKart, you agree that
the amended terms apply to you. This Agreement may not otherwise be
amended except in writing by an authorized officer of MolKart.
- Transaction
Services
- Transaction
Services are designed to facilitate registered members of MolKart Site to
place, accept, conclude, manage and fulfil orders for the provision of
products and services online within the Site (collectively, “Online
Transactions”). MolKart reserves the right to upgrade, modify, limit or
suspend the Transaction Services or any in related functionalities or
applications at any time temporarily or permanently without prior notice. MolKart
further reserves the right to introduce new features, functionalities,
applications to the Transaction services. All new features,
functionalities, applications, modifications, upgrades shall be governed
by this Agreement, unless otherwise expressively stated by MolKart.
- MolKart’s
Transaction Services are only available to registered members of the MolKart
Sites. In the event that you have a valid Online Transaction under
this Agreement whilst your membership registration on the MolKart Sites is
terminated, MolKart shall have the full discretion and authority to refund
to Buyer and/or release to Seller (both Buyer and Seller as defined below)
all or part of the funds under the Online Transactions as MolKart
considers appropriate. If you are a Seller, you are required
to a valid bank account subject to verification and confirmation by MolKart
and our affiliates.
- Disclaimer,
Limitation of Liability and Indemnity
- This
website, the service, the information on this website and use of all
related facilities are provided on an "as is, as available"
basis without any warranties whether express or implied.
- To
the fullest extent permitted by applicable law, we disclaim all
representations and warranties relating to this website and its contents,
including in relation to any inaccuracies or omissions in this website,
warranties of merchantability, quality, fitness for a particular purpose,
accuracy, availability, non-infringement or implied warranties from
course of dealing or usage of trade.
- We
do not warrant that this website will always be accessible,
uninterrupted, timely, secure, error free or free from computer virus or
other invasive or damaging code or that this website will not be affected
by any Acts of God or other force majeure events, including inability to
obtain or shortage of necessary materials, equipment facilities, power or
telecommunications, lack of telecommunications equipment or facilities
and failure of information technology or telecommunications equipment or
facilities.
- While
we may use reasonable efforts to include accurate and up-to-date
information on this website, we make no warranties or representations as
to its accuracy, timeliness or completeness.
- We
shall not be liable for any direct, indirect, incidental, special,
consequential or punitive damages, howsoever caused, resulting from your
access to, use of or inability to use, reliance on or downloading from
the website, or any delays, inaccuracies in the information or in its
transmission including but not limited to damages for loss of business or
profits, use, data or other intangible, even if we have been advised of
the possibility of such damages.
- The
above exclusions and limitations apply only to the extent permitted by
law. None of your statutory rights as a consumer that cannot be excluded
or limited are affected.
- Notwithstanding
our efforts to ensure that our system is secure, you acknowledge that all
electronic data transfers are potentially susceptible to interception by
others. We cannot, and do not, warrant that data transfers pursuant to
this website, or electronic mail transmitted to and from us, will not be
monitored or read by others.
- SOFTWARE
- Although
we use reasonable endeavors to ensure that any software made available on
this website is suitable for downloading, installation and use by third
parties, all such software is provided "as is" without any
warranty. Specifically, and without limitation, we do not warrant that
any such software is virus free, without defects, compatible with other
software or operating systems or suitable for any specific purpose. We
accept no liability for any loss or damage caused by the downloading, installation
or use of any such software, and the general exclusions and limitations
above apply to such downloading, installation or use
- INDEMNITY
- You
agree to indemnify and keep us indemnified against any claim, action,
suit or proceeding brought or threatened to be brought against us which
is caused by or arising out of (i) your access of this website, (ii) your
and any other party's access to this website using your MolKart ID, MolKart
password, VP number and/or any identifier number allocated by Maldives
Post , and (iii) your breach of any of these terms of use , and to pay us
damages, costs and interest in connection with such claim, action, suit
or proceeding.
- Applicable
law and Jurisdiction
- MolKart
provides access to all countries around the world, where the local
technology permits. As different countries have differing laws, by
accessing this Site, you agree that the laws of Republic of Maldives,
without regard to the conflict of laws principles thereof, will apply to
all matters relating to the use of this Site.
You accept and agree that both you and we shall submit to
the exclusive jurisdiction of the courts of the Republic of Maldives in respect
of any dispute arising out of and/or in connection with this terms of use.
- Links
to and from Other websites and services
- This
Site may include links to other Internet sites maintained by third parties
("Linked Sites"). MolKart provides Linked Sites to you solely as
a convenience, and the inclusion of Linked Sites does not imply
endorsement by MolKart of the Linked Sites. You access Linked Sites at
your own risk and by accessing them you leave the MolKart Site. Linked
Sites are not under the control of MolKart and MolKart is not responsible
for the contents of any Linked Site.
- We
do not monitor or review the content of other parties' websites that may
be linked from this Site. Opinions expressed or material appearing on such
websites are not necessarily shared or endorsed by us.
- We
do not represent or intend for such links to be approvals, referrals or
endorsements of the sites or the entities operating such sites and we take
no responsibility for any dealings with such entities, whether or not such
dealings are related to the services. You understand and acknowledge that
any access to such sites is at your own risk, we are not responsible for
the contents of any site linked from this website and we do not control
nor contribute to such sites or the information contained therein. You
will not hold us liable for any loss or damage that may occur as a result
of any reliance on or use of such information.
- Merchandise
Availability
- Merchandise
availability on our Site is not guaranteed as it may be low in stock. You
will receive a shipping confirmation email once your items have shipped.
- In
any case a merchandize is not available, the merchant or supplier may
reject an order. In this case, the buyer will be informed via email or it
will be notified on the MolKart site. From thereon, the transaction will
be cancelled and the money will be refunded to the buyer.
- Product
Information
- The
products and services listed in the Site may be available in selected
stores across Maldives. The prices displayed on the Site are quoted in
Maldivian Rufiyaa (MVR), unless stated otherwise.
- Please
note that while we have tried to accurately display the colors of
products, the actual colors you see will depend on your use of device and
may sometimes not be accurate.
- Denial
of access
- These
Terms of Use constitutes an agreement that is effective unless and until
terminated by MolKart. If in any case, at MolKart’s sole discretion, you
fail to comply with any terms or provision of this Agreement, MolKart may
deny your access to the Site. In the event of denial of access, you are no
longer authorized to access the Site, and the restrictions imposed upon
you with respect to material copied or downloaded, and the disclaimers and
limitations of liabilities set forth in these Terms of Use, shall continue
in force.
- Privacy
Policy
- We
have a group privacy policy which sets out how we handle personal data
that you may provide or that we may collect, in connection with your
access or use of this website. The policy is available on this website.
You accept and agree to the terms set out in the policy and consent to the
collection, use and disclosure of your personal data in accordance with
the policy.
- If
you choose to pay by electronic card you will be redirected to the
Maldives Payment Gateway of Bank of Maldives for you to enter the card
details and the necessary processing. We will not be able to see, capture
or store your card details and any other information you may enter at the
Maldives Payment Gateway. All communications between Maldives Post limited
and the Maldives Payment Gateway are encrypted using the TLS/SSL protocol.
Once payment processing is completed (successfully or unsuccessfully) you
will be redirected back to our website.
- Site
Policies, modifications and severability
- Please
review our other policies posted on this Site. These policies also govern
your use of MolKart services and products.
We reserve the right to make changes to our site, policies
and these Terms of Use at any time and will provide notice of such changes if
or as required by law. If any of these conditions shall be deemed invalid, void
or for any reason unenforceable, that condition shall be deemed severable and
shall not affect the validity and enforceability of any remaining condition.
- Application
and acceptance of use
You agree to comply with relevant rules and policies
published on the MolKart.com Sites which are also incorporated
into this Agreement by reference (“General Terms”). The General Terms include
without limitation to all the policies in relation to the usage of this
Website.