Terms of service

Terms of Service for THE MARK

 

Welcome to THE MARK! These Terms of Service (or "Terms") outline your rights and responsibilities when you use our website and services. 

 

1. Access and Your Account

 

Eligibility: By agreeing to these Terms, you confirm that you are at least the age of majority in your jurisdiction. If you are not, you confirm you have parental or guardian consent to use our Services on devices they own or manage.

Account Information: To use certain Services, like Browse our store or making a purchase, you may need to provide information such as your email address, billing, payment, and shipping details. You promise that all information you provide is accurate, current, and complete, and that you have all necessary rights to provide it.

Account Security: You are solely responsible for keeping your account credentials secure and for all activity that happens under your account. Please do not transfer, sell, assign, or license your account to anyone else.

 

2. Our Products

 

We do our best to accurately display our products and services on our website. However, please understand that:

  • Colors and Appearance: Colors and product appearance may look different on your screen due to your device type, settings, and configuration.

  • Expectations: We can't guarantee that the appearance or quality of products or services you purchase will perfectly meet your expectations or exactly match what you see online.

Product Changes: Product descriptions and prices can change at any time without notice, at our sole discretion. We also reserve the right to discontinue any product at any time or limit the quantities of products we offer to any person, region, or jurisdiction, on a case-by-case basis.

 

3. Orders

 

When you place an order with THE MARK, you're making an offer to buy. We reserve the right to accept or decline your order for any reason at our discretion. Your order is only accepted once THE MARK confirms acceptance. We must receive and process your payment before your order can be accepted.

Please review your order carefully before submitting it, as we may not be able to cancel it after acceptance. If we don't accept, change, or cancel an order, we will try to notify you using the email, billing address, or phone number you provided.

Returns and Exchanges: Your purchases are subject to return or exchange solely in accordance with our Refund Policy 

Personal Use: By purchasing from us, you confirm that your purchases are for your own personal or household use and not for commercial resale or export.

 

4. Prices and Billing

 

  • Price Changes: Prices, discounts, and promotions can change without notice. The price you'll be charged for a product or service will be the price in effect when you place your order, as stated in your order confirmation email.

  • Additional Charges: Unless specifically stated otherwise, posted prices do not include taxes, shipping, handling, customs, or import charges.

  • Online vs. Other Prices: Prices on our website may differ from prices offered in physical stores or other online stores.

  • Promotions: We may offer promotions from time to time that have separate terms and conditions. If there's a conflict between promotional terms and these Terms, the promotion terms will apply.

Accurate Information: You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases. You also agree to promptly update your account and other information (like email address, credit card numbers, and expiration dates) so we can complete your transactions and contact you as needed.

Payment Authorization: You guarantee that: (i) the credit card information you provide is true, correct, and complete; (ii) you are authorized to use the credit card for the purchase; (iii) charges incurred by you will be honored by your credit card company; and (iv) you will pay all charges incurred, including shipping, handling, and applicable taxes.

 

5. Shipping and Delivery

 

We aim to deliver your products promptly, but please note that we are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, ownership and risk of loss pass to you.

 

6. Intellectual Property

 

Our Services, including all trademarks, brands, text, images, videos, audio, product reviews, and the design and arrangement of all content, are owned by THE MARK, its affiliates, or licensors. They are protected by intellectual property laws.

These Terms allow you to use our Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, perform, republish, download, store, or transmit any material from our Services without our written consent. All rights not expressly granted here are reserved by THE MARK.

The names, logos, product and service names, designs, and slogans of THE MARK are trademarks of THE MARK or its affiliates or licensors. You must not use these trademarks without our prior written permission. Other names, logos, product and service names, designs, and slogans on the Services are trademarks of their respective owners.

 

7. Optional Tools

 

We may provide you with access to customer tools offered by third parties as part of our Services. We don't monitor or have control over these tools.

You acknowledge that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind. We are not liable for any issues arising from your use of these optional third-party tools. Your use of these tools is entirely at your own risk and discretion, and you should familiarize yourself with the terms provided by the relevant third-party provider(s).

In the future, we may offer new features through our Services (including new tools and resources). These new features will also be part of the Services and subject to these Terms.

 

8. Third-Party Links

 

Our Services may contain links to websites or materials provided by third parties. We are not responsible for the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave our Services to access these materials or sites, you do so at your own risk.

We are not liable for any harm or damages related to your access to third-party websites or your purchase or use of any products, services, or content on them. Please review their policies carefully before engaging in any transaction. Any complaints or questions regarding third-party products and services should be directed to that third party.

 

9. Relationship with Our Platform Provider

 

THE MARK's online store and Services are supported by a powerful e-commerce platform. While this platform enables us to provide our Services to you, any sales and purchases you make in our store are made directly with THE MARK.

By using our Services, you acknowledge and agree that our platform provider is not responsible for any aspect of sales between you and THE MARK, including any injury, damage, or loss resulting from purchased products and services. You expressly release our platform provider and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with THE MARK.

10. Feedback

 

If you submit any ideas, suggestions, feedback, reviews, or other content (collectively, "Feedback") to us, you grant us a perpetual, worldwide, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback for any purpose, including commercial use. For example, we may use your Feedback to improve our Services.

You also guarantee that: (i) you own or have all necessary rights to your Feedback; (ii) you've disclosed any compensation or incentives you received for submitting Feedback; and (iii) your Feedback complies with these Terms. We are not obligated to keep your Feedback confidential, pay you for it, or respond to it.

We may, but are not obligated to, monitor, edit, or remove Feedback that we deem unlawful, offensive, threatening, defamatory, or otherwise objectionable, or that violates intellectual property rights or these Terms.

You agree that your Feedback will not violate any third-party rights, or contain unlawful, abusive, or obscene content, or any computer viruses or malware. You must not use a false email address or impersonate anyone else when submitting Feedback. You are solely responsible for your Feedback and its accuracy. We take no responsibility for any Feedback posted by you or any third party.

 

11. Errors, Inaccuracies, and Omissions

 

Occasionally, there may be information on our Services that contains typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, shipping charges, or availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is inaccurate, at any time without prior notice (even after you've submitted your order).

 

12. Prohibited Uses

 

You may only access and use our Services for lawful purposes. You are strictly prohibited from using our Services:

  • For any unlawful or malicious purpose.

  • To violate any international, federal, provincial, state, or local regulations, rules, or laws.

  • To infringe upon our intellectual property rights or the rights of others.

  • To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm our employees or any other person.

  • To transmit false or misleading information.

  • To send, receive, upload, download, use, or re-use any material that doesn't comply with these Terms.

  • To send any "junk mail," "chain letter," "spam," or similar solicitations.

  • To impersonate or attempt to impersonate any other person or entity.

  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or that may harm THE MARK or its users, or expose them to liability.

Additionally, you agree not to:

  • Upload or transmit viruses or any other malicious code.

  • Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services.

  • Collect or track the personal information of others.

  • Spam, phish, pharm, pretext, spider, crawl, or scrape.

  • Interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet.

We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.

 

13. Termination

 

We may terminate this agreement or your access to the Services (or any part of them) at our sole discretion at any time without notice. You will remain responsible for all amounts due up to and including the date of termination.

The sections regarding Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination, will continue to apply even after termination.

 

14. Disclaimer of Warranties

 

The information presented on or through the Services is for general information purposes only. We do not guarantee the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services.

EXCEPT AS EXPRESSLY STATED BY THE MARK, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

 

15. Limitation of Liability

 

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL THE MARK, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

 

16. Indemnification

 

You agree to indemnify, defend, and hold harmless THE MARK, its platform provider, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable attorneys’ fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.

We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent. You will cooperate in the defense of indemnified claims, including by providing relevant documents.

 

17. Severability

 

If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, that provision will still be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be considered "severed" from these Terms. This will not affect the validity and enforceability of any other remaining provisions.

 

18. Waiver; Entire Agreement

 

Our failure to exercise or enforce any right or provision of these Terms of Service will not mean we've waived that right or provision.

These Terms of Service and any policies or operating rules we post on this site or in relation to the Service make up the entire agreement and understanding between you and us. They govern your use of the Service, overriding any previous agreements, communications, and proposals, whether oral or written, between you and us.

Any ambiguities in the interpretation of these Terms of Service will not be interpreted against the party who drafted them.

 

19. Assignment

 

You may not delegate, transfer, or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent; any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice.

 

20. Governing Law

 

These Terms of Service and any separate agreements where we provide you Services will be governed by and interpreted in accordance with the laws of Pakistan. You and THE MARK consent to the venue and personal jurisdiction of the courts in Islamabad, Pakistan.

 

21. Headings

 

The headings used in this agreement are for convenience only and will not limit or otherwise affect these Terms.

 

22. Changes to Terms of Service

 

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms constitutes acceptance of those changes.

 

23. Contact Information

 

Questions about these Terms of Service should be sent to us at:

Email: Support@themarkcollections.com

Phone/WhatsApp: +92 312 15 60 807

Address: Islamabad, Pakistan