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Terms & Conditions

Introduction.

These Website Standard Terms And Conditions (these “Terms” or these “Website Standard Terms And Conditions”) contained herein on www.Folksfoodmart.com, shall govern your use of this website, including all pages within this website. These Terms apply in full force and effect to your use of Folksfoodmart.com and by using our Website, you expressly accept all terms and conditions contained herein in full. The terms and conditions fully control the use of this website; no extrinsic evidence, whether oral o written, will be incorporated.

We reserve the right to to change, modify, add or remove parts of the Terms and Condition at any time. Changes will be functional when posted on the site with no notice provided. Please ensure that you check the Terms and Conditions regularly for updates.  If you have any objection to any of these Terms And Conditions or need further clarifications, do well to reach our customer service desk for more information.

This Website is not for use by any minors (defined as those who are not at least 18 years of age), and you must not use this Website if you a minor.

Terms and conditions of use

Both parties agree that this website may only be used in accordance with these Terms and Conditions of Use. If you do not agree with the Terms and Conditions of Use or do not wish to be bound by them, you agree to refrain from using this website.

We grant you a non-transferable, revocable and non-exclusive license to use this Site, in accordance with the Terms and Conditions of Use, for such things as: shopping for food  baskets on the site, using the cash envelope feature, gathering prior information regarding our products and services and making purchases. Commercial use or use on behalf of any third party is forbidden, except as explicitly permitted by us in advance. These Terms and Conditions of Use specifically forbid actions such as: accessing our servers or internal computer systems, interfering in any way with the functionality of this website, gathering or altering any underlying software code, infringing any intellectual property rights. This list is non-exhaustive and similar actions are also strictly forbidden.

Any breach of these Terms and Conditions of Use shall result in the immediate revocation of the license granted in this paragraph without prior notice to you. Should we determine at our sole discretion that you are in breach of any of these conditions, we reserve the right to deny you access to this website and its contents and do so without prejudice to any available remedies at law or otherwise.

Certain services and related features that may be made available on the Site may require registration or subscription. Should you choose to register or subscribe for any such services or related features, you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes. Every user of the Site is solely responsible for keeping passwords and other account identifiers safe and secure.

The account owner is entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us of any unauthorized use of your password or account. The Site shall not be responsible or liable, directly or indirectly, 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 this section.

During the registration process you agree to receive promotional emails from the Site. You can subsequently opt out of receiving such promotional e-mails by clicking on the link at the bottom of any promotional email.


Intellectual Property Rights.

This site is controlled and operated by FolksFoodMart . Other than content you own, which you may have opted to include on this Website, under these Terms, Folksfoodmart.com and/or its licensors own all rights to the intellectual property and material contained in this Website, and all such rights are reserved.

Material on Folksfoodmart.com is possessed, managed, licensed or controlled by us is solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by e-mail or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other web site or networked computer environment or use of the materials for any purpose other than personal, noncommercial use is a violation of the copyrights, trademarks and other proprietary rights, and is forbidden.. Any use for which you receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.

Restrictions.

         You are expressly and emphatically restricted from all of the following:

1.       publishing any Website material in any media;

2.       selling, sub-licensing and/or otherwise commercializing any Website material;

3.       publicly performing and/or showing any Website material;

4.       using this Website in any way that is, or may be, damaging to this Website;

5.       using this Website in any way that impacts user access to this Website;

6.       using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;

7.       engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;

8.       using this Website to engage in any advertising or marketing;

Certain areas of this Website are restricted from access by Folksfoodmart, we may further restrict access by you to any areas of this Website, at any time, at our sole and absolute discretion.  Any user ID and password you may have for this Website are confidential and you must maintain confidentiality of such information.

Anything that you submit to the Site and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, "Submissions") will become our sole and exclusive property and shall not be returned to you.

In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit, in connection with such review, comment, or other content.

You shall not use a incorrect e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions.

By completing an order or signing up, you agree to receive a) emails associated with finalizing your order, which may contain relevant offers from third parties, and b) emails asking you to review Folks Food Mart and your purchase and c) promotional emails, SMS and push notifications from Folks Food Mart. You may unsubscribe from promotional emails via a link provided in each email. If you would like us to remove your personal information from our database, unsubscribe from emails and/or SMS, please email Customer Service.

Information Available on Website

You accept that the information contained in this website is provided ìas is, where isî, is intended for information purposes only and that it is subject to alterations without notice. Although we take reasonable steps to ensure the accuracy of information and we believe the information to be reliable when posted, it should not be relied upon and it does not in any way constitute either a representation or  a guarantee.

Product representations expressed on this Site are those scrutinised and prepared by us. Submissions or opinions expressed on this Site are those of the individual posting such content and may not reflect our opinions.

We shall not be held responsible or made liable for any damages or injury which may arise as a result of any error, omission, interruption, deletion, delay in operation or transmission, computer virus, communication failure and defect in the information, content, materials, software or other services included on or otherwise made available through our Website. We understand that certain state laws do not allow limitations of certain damages, these disclaimers may therefore not apply where these laws are applicable.

Accessibility of Website

Our aim is to ensure accessibility to the website at all times, however we make no representation of that nature and reserves the right to terminate the website at any time and without notice. You accept that service interruption may occur in order to allow for website improvements, scheduled maintenance or may also be due to outside factors beyond our control.


Links and Thirds Party Websites


We may include links to third party websites at any time. However, the existence of a link to another website should not be consider as an affiliation or a partnership with a third party or viewed as an endorsement of a particular website unless explicitly stated otherwise.

In the event the user follows a link to another website, he or she does so at his or her own risk. We accept no responsibility for any content, including, but not limited to, information, products and services, available on third party websites.

Creating a link to this website is strictly forbidden without our prior written consent. Furthermore, we reserve the right to revoke our consent without notice or justification.

Data Protection

Any personal information collected in relation to the use of this website will be held and used in accordant with our Privacy Policy, which is available on our Site. FolksfoodsMart stores the address and might use it for commercial purposes.

Applicable Law and Jurisdiction

These Terms and Conditions of Use shall be interpreted and governed by the laws in force in the Federal Republic of Nigeria. Subject to the Arbitration section below, each party hereby agrees to submit to the jurisdiction of the courts of Nigeria and to waive any objections based upon venue.

Arbitration

Any controversy, claim or dispute arising out of or relating to these Terms and Conditions of Use will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Nigeria in English and governed by Nigeria law pursuant to the Arbitration and Conciliation Act Cap A18 Laws of the Federation of Nigeria 2004, as amended, replaced or re-enacted from time to time.

The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Nigeria and is independent of either party. Notwithstanding the foregoing, the Site reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.

Termination

In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Terms and Conditions of Use or revoke any or all of your rights granted under the Terms and Conditions of Use.

Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that the Site shall not be liable to you or to any other person as a result of any such suspension or termination.

If you are dissatisfied with the Site or with any terms, conditions, rules, policies, guidelines, or practices of Folksfoodmart in operating the Site, your sole and exclusive remedy is to discontinue using the Site.

Indemnification.

You hereby indemnify to the fullest extent Folksfoodmart.com from and against any and all liabilities, costs, demands, causes of action, damages and expenses(including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.

Severability.

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

Miscellaneous Provisions

You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Assigning or sub-contracting any of your rights or obligations under these Terms and Conditions of Use to any third party is prohibited unless agreed upon in writing by the seller.

We reserve the right to transfer, assign or sub-contract the benefit of the whole or part of any rights or obligations under these Terms and Conditions of Use to any third party.

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