Terms & Conditions

TERMS OF USE AND GENERAL DATA PROTECTION. 

 

Read carefully these Terms of Use (Terms, also known as Bestmarket.mu Terms), as they contain important information.

These Terms govern and regulate the legal relationship between ExpoCom Ltd and its affiliates (collectively ExpoCom) and you (either an individual or a single entity) and constitute a legal agreement between ExpoCom and you for services provided by ExpoCom to you.

                                                         

1. ACCEPTANCE OF TERMS

ExpoCom through Bestmarket.mu (hereinafter referred singly as Bestmarket.mu) provides a collection of online resources, including classified ads, forums, catalogs, and various email services (the Services).  

By using the Services in any way, you accept and agree to comply with the Terms. In addition, when using particular Bestmarket.mu Services, you agree to abide by any applicable posted guidelines for all such Bestmarket.mu Services, which may change from time to time.

In order to use the Services, you must first agree to the Terms. If you do not accept the Terms, you may not use the Services.  Should you object to any term or condition of the Terms, any guidelines, or any subsequent modifications thereto or become dissatisfied with the Services in any way, your only recourse is to immediately discontinue use of the Services.

The Services are not intended for use by persons under the age of 18. 

 

2. MODIFICATIONS TO THE TERMS

Bestmarket.mu reserves the right, at its sole discretion, to change, modify or otherwise alter these Terms at any time. Such modifications shall become effective immediately upon the posting thereof. You must review these Terms on a regular basis to keep yourself apprised of any changes.

 

3. YOUR USE OF THE SERVICES

In order to access and use the Services, you will be required to provide certain information about yourself to Bestmarket.mu as part of the registration process, or as part of your continued use of the Services. 

You agree to provide accurate, current and complete data required to register with the Services, and at other points as may be required in the course of using the Services (Registration Data). 

You further agree to maintain and update your Registration Data as required in order to keep it accurate, current and complete. 

Bestmarket.mu may terminate your rights to all or part of the Services if any information you provide is false, inaccurate or incomplete.

You may be required to provide a username, using your email address and password to create your account to use the Services (Account).  

You understand that you are responsible for maintaining the confidentiality of your username and passwords.  

Accordingly, Bestmarket.mu is not responsible for any issues arising from or relating to your Account due to your failure to protect your username and/or passwords.  

If you become aware of, or suspect any unauthorised use of your username, password or of your Account, you must notify Bestmarket.mu immediately.

You unconditionally and absolutely agree that Bestmarket.mu may store and use the Registration Data you provide.

 

 4. CONTENT

You understand that all advertisements, postings, messages, text, files, images, photos, video, sounds, or other materials (Content) posted on, transmitted through, or linked from the Services are the sole responsibility of the person from whom such Content originate. 

More specifically, you are entirely responsible for each individual item of Content that you post, email or otherwise make available via the Services. 

Likewise, if you request the assistance of Bestmarket.mu to post Content, or if you imply consent that Bestmarket.mu may post Content on your behalf, either by written or oral means, or you fail to inform Bestmarket.mu that Content should be removed, you are equally responsible for the Content. 

You waive any and all claims against Bestmarket.mu of a right of publicity for your image or likeness throughout the world by posting any information or pictures of yourself on Bestmarket.mu.

 

You understand that Bestmarket.mu does not control, and is not responsible for personal Content made available through the Services, and that by using the Services, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable.

 

When you post User Content to the Service, you authorise and direct Bestmarket.mu to make such copies thereof as Bestmarket.mu deems necessary in order to facilitate the posting and storage of the Content on the Services.

 

By posting Content to any part of the Services, you automatically grant, and you represent and warrant that you have the right to grant, to Bestmarket.mu an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Content for any purpose on or in connection with the Services or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing.

 

You agree that you must evaluate, and bear all risks associated with the use of any Content, that you may not rely on said Content, and that under no circumstances will Bestmarket.mu be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Services. 

 

You acknowledge that Bestmarket.mu does not pre-screen or approve Content, but that Bestmarket.mu  shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Services, for violating the letter or spirit of the Terms or for any other reason.

 

5. THIRD PARTY CONTENT, SITES AND SERVICES

 

Bestmarket.mu and Content available through the Services may contain features and functionalities that may link you or provide you with access to third party Content which is completely independent of Bestmarket.mu, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.

 

Your interactions with organizations and/or individuals found on or through the Services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organisations and/or individuals. 

 

You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

 

ExpoCom including Bestmarket.mu disclaims any warranty or representation to any such third party’s contents, accuracy, completeness, effectiveness, compliance of any applicable laws or regulations.

 

You agree that ExpoCom including Bestmarket.mu shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings between users of the Services. 

 

If there is a dispute between users of the Services, or between users and any third party, you understand and agree that ExpoCom including Bestmarket.mu is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby knowingly, voluntarily, unconditionally and irrevocably waive, fully and finally release, acquit and forever discharge ExpoCom including Bestmarket.mu, its shareholders, investors, officers, directors, managers, employees, agents and successors and assigns of any of them from any and all actions, causes of action, suits, debts, accounts, bonds, bills, covenants, contracts, controversies, obligations, claims, counterclaims, demands, damages, costs, expenses, compensation or liabilities of every kind and any nature whatsoever, in each case whether absolute or contingent, liquidated or unliquidated, known or unknown, direct or derivative on behalf of any person, and whether arising out of or in any way related to such disputes and/or the Services or otherwise at law or equity.

 

6. NOTIFICATION OF CLAIMS OF INFRINGEMENT

 

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please send your notice (“Notice”) to Bestmarket.mu agent for notice of claims of copyright or other intellectual property infringement:

 

        by email to mailer@bestmarket.mu

 

Please include the following with your Notice to our agent:

 

  • The identity of the material on Bestmarket.mu that you claim is infringing, in sufficient detail so that we may locate it on the website;

 

  • A statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law;

 

  • Your address, telephone number, and email address;
    A statement by you declaring under penalty of perjury that (i) the above information in your Notice is accurate, and (ii) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner; and

 

  • Your physical or electronic signature.

 

7. PRIVACY POLICY AND GENERAL DATA PROTECTION.

 

Bestmarket.mu is committed to the protection of your personal data.  

 

For information about Bestmarket.mu's privacy policy, please read our Privacy Policy.  

 

You acknowledge and agree that the Privacy Policy is incorporated by reference to the Terms and you will comply with the Privacy Policy And General Data Protection.  In case of any inconsistency or conflict between the Terms and the Privacy Policy, the Terms will prevail in relation to the Service.

 

You unconditionally and expressly acknowledge and agree that Bestmarket.mu may, in its sole discretion, in accordance with applicable laws and Privacy Policy, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information.

 

Bestmarket.mu may change its Privacy Policy without notice periodically, so you should periodically review the Privacy Policy.

 

8. CONDUCT

 

You may not use the Services for any purpose that is unlawful or prohibited by these Terms.

 

You specifically agree not to post, email, or otherwise make available Content:

 

that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way;    

            

  • that is pornographic or depicts a human being engaged in sexual activities or exposing sexual organs unfitting for the Service;               

  • that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;                

  • that suggests a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violates any local law prohibiting discrimination on the basis of these or other characteristics);                

  • that violates  local equal opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability;                          

  • that impersonates any person or entity, including, but not limited to, an Bestmarket.mu employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures);                

  • that includes personal or identifying information about another person without that person’s explicit consent;                

  • that is fraudulent, false, deceptive, misleading, deceitful, misinformative, or constitutes “bait and switch”;                

  • that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any third party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;                

  • that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement;                

  • that constitutes or contains any form of advertising or solicitation if posted in areas of Bestmarket.mu which are not designated for such purposes or emailed to Bestmarket.mu users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests;

  • that includes links to commercial services or web sites, except as specifically permitted;  

  • that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;                

  • that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users’ ability to use the Service; or

  • that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.

 

Additionally, you agree not to:

 

  • contact anyone who has asked not to be contacted;                

  • “stalk” or otherwise harass anyone;                

  • collect personal data about other users for commercial or unlawful purposes;                

  • use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service – unless expressly permitted by Bestmarket.mu;                

  • post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;                

  • post the same item or service in more than one classified category or forum;               

  • attempt to gain unauthorized access to Bestmarket.mu computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or Bestmarket.mu; or             

  • use any form of automated device or computer program that enables the submission of Content on Bestmarket.mu without such Content being manually entered by the author thereof (an “automated posting device”), including without limitation, the use of any such automated posting device to submit Content in bulk, or for automatic submission of Content at regular intervals.

 

9. POSTING AGENTS

 

A “Posting Agent” is a third-party agent, service, or intermediary that offers to post Content to the Service on behalf of others. 

 

To moderate demands on Bestmarket.mu resources, you may not use a Posting Agent to post Content to the Service without express permission or license from Bestmarket.mu. 

 

Correspondingly, Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access the Services to facilitate posting Content on behalf of others, except with express permission or license from Bestmarket.mu.

 

10. PAID POSTINGS

 

Bestmarket.mu shall charge a fee to post Content in any or all areas of the Services. 

 

The fee is an access fee permitting Content to be posted in a designated area. 

 

Each party posting Content to the Services is responsible for said Content and compliance with the Terms. 

 

All fees paid will be non-refundable in the event that Content is removed from the Services for violating the Terms or in the event of any ‘force majeure’ preventing Bestmarket.mu from offering the Services for a short period of time.  

 

Fees collected for specific services, such as subscription services and advertising, are non-refundable unless otherwise stated in writing for a specific promotional program.
 

11. LIMITATIONS ON SERVICE

 

You acknowledge that Bestmarket.mu may establish limits concerning use of the Services, including the maximum number of days that Content will be retained by the Services, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Services, and the frequency with which you may access the Services. 

 

You agree that Bestmarket.mu has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Services. 

 

You acknowledge that Bestmarket.mu reserves the right at any time to modify or discontinue the Services (or any part thereof) with or without notice, and that Bestmarket.mu shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

 

12. ACCESS TO THE SERVICE

 

Bestmarket.mu grants you a limited, revocable, non-exclusive license to access the Services for your own personal use. 

 

This license does not include: (a) access to the Services by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Services nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by Bestmarket.mu. 

 

A limited exception to (b) is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Services, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. 

 

“General purpose internet search engine” does not include a website or search engine or other service that specializes in classified listings or in any subset of classifieds listings such as decorative goods or furniture, or which is in the business of providing classified ad listing services.

 

Bestmarket.mu does not permit you to display on your website, or create a hyperlink on your website to individual postings on the Services, except express permission granted by ExpoCom to do so. 

 

You may create a hyperlink to the home page of Bestmarket.mu, so long as the link does not portray Bestmarket.mu, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter.

 

Bestmarket.mu may offer various parts of the Services in RSS format so that users can embed individual feeds into a personal website or blog, or view postings through third party software news aggregators. 

 

Bestmarket.mu permits you to display, excerpt from, and link to the RSS feeds on your personal website or personal web blog, provided that (a) your use of the RSS feed is for personal, non-commercial purposes only, (b) each title is correctly linked back to the original post on the Services and redirects the user to the post when the user clicks on it, (c) you provide, adjacent to the RSS feed, proper attribution to “ExpoCom” as the source, (d) your use or display does not suggest that Bestmarket.mu promotes or endorses any third party causes, ideas, web sites, products or services, (e) you do not redistribute the RSS feed, and (f) your use does not overburden Bestmarket.mu systems. 

 

Bestmarket.mu reserves all rights in the content of the RSS feeds and may terminate any RSS feed at any time.

 

Use of the Service beyond the scope of authorized access granted to you by Bestmarket.mu immediately terminates said permission or license. 

 

In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a written license from Bestmarket.mu that has been signed by one of Bestmarket.mu authorized representatives.



13. TERMINATION OF SERVICE

 

You agree that Bestmarket.mu, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Services, for any reason, including, without limitation, if Bestmarket.mu believes that you have acted inconsistently with the letter or spirit of the Terms. 

 

Further, you agree that Bestmarket.mu or ExpoCom shall not be liable to you or any third-party for any termination of your access to the Services. 

 

Further, you agree not to attempt to use the Services after said termination. Sections 1-7 and 12-19 shall survive termination of the Terms.

 

14. PROPRIETARY RIGHTS

       

Although Bestmarket.mu does not claim ownership of Content that its users post, by posting Content to any public area of the Services, you automatically grant, and you represent and warrant that you have the right to grant, to Bestmarket.mu an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. 

 

Furthermore, by posting Content to any public area of the Services, you automatically grant Bestmarket.mu all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Services by any party for any purpose.

 

15. DISCLAIMER OF WARRANTIES

 

YOU AGREE THAT USE OF BESTMARKET.MU AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. 

 

BESTMARKET.MU AND THE SERVICE ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. 

 

TO THE FULLEST EXTENT PERMITTED BY LAW, BESTMARKET.MU DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF BESTMARKET.MU AND THE SERVICE. 

 

TO THE FULLEST EXTENT PERMITTED BY LAW, BESTMARKET.MU  DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON BESTMARKET.MU  OR THE SERVICE, OR ACCESSED THROUGH ANY LINKS ON BESTMARKET.MU  OR THE SERVICE, INCLUDING WITHOUT LIMITATION, WARRANTY OF TITLE TO OR DELIVERY OF ANY GOOD OR SERVICE, ANY WARRANTY WITH RESPECT TO INTELLECTUAL PROPERTY RIGHTS IN ANY GOOD OR SERVICE, ANY WARRANTY THAT ANY GOOD OR SERVICE CONFORMS TO ITS DESCRIPTION OR THE COLORS, TEXTURE AND DETAIL SHOWN ON THE USER’S COMPUTER MONITOR. 

 

TO THE FULLEST EXTENT PERMITTED BY LAW, BESTMARKET.MU DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH BESTMARKET.MU OR THE SERVICE. 

 

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ACTIVADS OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. 

 

Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

 

16. LIMITATIONS OF LIABILITY

 

UNDER NO CIRCUMSTANCES SHALL BESTMARKET.MU  BE LIABLE TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL,  EXEMPLARY PUNITIVE DAMAGES OR LOST PROFITS (EVEN IF BESTMARKET.MU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF BESTMARKET.MU OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF BESTMARKET.MU  OR THE SERVICE, FROM INABILITY TO USE BESTMARKET.MU  OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF ACTIVADS OR THE SERVICE. 

 

SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH BESTMARKET.MU  OR THE SERVICE OR ANY LINKS ON BESTMARKET.MU  OR THE SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH BESTMARKET.MU  OR THE SERVICE OR ANY LINKS ON BESTMARKET.MU. 

 

THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. 

 

IN NO EVENT SHALL BESTMARKET.MU AGGREGATE LIABILITY TO YOU UNDER THESE TERMS EXCEED YOUR MEMBERSHIP FEES.  

 

In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you.

 

17. INDEMNITY

 

You agree to indemnify, release and hold harmless ExpoCom (including Bestmarket.mu), its officers, subsidiaries, affiliates, successors, assigns, shareholders, investors, directors, officers, agents, service providers, suppliers, employees and any party acting on ExpoCom (including Bestmarket.mu) behalf, from and against any and all third party claims, actions, liabilities, losses, damages, judgments, costs and expenses, including reasonable attorney’ fees and court costs, arising out of Content you submit, post or make available through the Services, your use of the Services, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any laws, regulations or the rights of any other third party by you or by any person that you allow to use the Services.

 

18. GENERAL INFORMATION

 

The Terms, and any additional terms to which you agree when using particular elements of the Services, constitute the entire agreement between you and ExpoCom and governs your use of the Services, superseding any prior agreement between you and Bestmarket.mu and/or ExpoCom.

 

You agree that if ExpoCom or Bestmarket.mu does not exercise or enforce any rights or remedy which is contained in the Terms or which ExpoCom or Bestmarket.mu has at law or in equity, such omission will not be taken to be a waiver of any or all such rights and remedies, and that those rights and remedies will remain available to ExpoCom or Bestmarket.mu.

 

If any provision of the Terms is found by a court of competent jurisdiction to be invalid, such provision will be removed from the Terms without affecting the rest of the Terms.  

 

The remaining provisions of the Terms will continue to be valid and enforceable.

 

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

 

You may not transfer, assign, charge or otherwise dispose of these Terms, or any of your rights or obligations arising under these Terms. 

 

ExpoCom may transfer, assign, charge, sub-contract or otherwise dispose of these Terms, or any of its rights or obligations arising under these Terms, at any time.

 

The Terms and the relationship between you and ExpoCom, shall be governed by the laws of the Republic of Mauritius without regard to its conflict of law provisions. 

 

By using the Services, you unconditionally consent and agree that any claim, dispute or controversy (whether in contract, tort or otherwise) you may have against ExpoCom, the officers, directors, agents and employees of ExopoCom arising out of, relating to, or connected in any way with the Service or the determination of the scope or applicability of this provision, will be resolved by final and binding mediation.

 

19. VIOLATION OF TERMS AND LIQUIDATED DAMAGES

 

Please report any violations of the Terms by sending an email to mailer@bestmarket.mu.

 

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

 

You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for ExpoCom to pursue legal action to enforce the Terms, you will be liable to pay ExpoCom the following amounts as liquidated damages, which you accept as reasonable estimates of ExpoCom damages for the specified breaches of the Terms:

 

If you post a message that (i) impersonates any person or entity; (ii) falsely states or otherwise misrepresents your affiliation with a person or entity; or (iii) that includes personal or identifying information about another person without that person’s explicit consent, you agree to pay Bestmarket.mu twenty five thousand rupees (Rs 25,000) for each such message. This provision does not apply to messages that are lawful non-deceptive parodies of public figures.

 

If Bestmarket.mu establishes limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay Bestmarket.mu five thousand rupees (Rs 5000) for each message posted in excess of such limits or for each day on which you access Bestmarket.mu in excess of such limits, whichever is higher.

 

If you send unsolicited email advertisements to Bestmarket.mu email addresses or through Bestmarket.mu computer systems, you agree to pay Bestmarket.mu one thousand rupees (Rs 1000) for each such email.

 

If you post Content in violation of the Terms, other than as described above, you agree to pay Bestmarket.mu five thousand rupees (Rs 5000) for each item of Content posted. In its sole discretion, Bestmarket.mu may elect to issue a warning before assessing damages.

 

If you are a Posting Agent that uses the Service in violation of the Terms, in addition to any liquidated damages under clause (d), you agree to pay Bestmarket.mu five thousand rupees (Rs 5,000) for each and every item of Content posted in violation of the Terms. 

 

A Posting Agent will also be deemed an agent of the party engaging the Posting Agent to access the Service (the “Principal”), and the Principal (by engaging the Posting Agent in violation of the Terms) agrees to pay Bestmarket.mu an additional five thousand rupees (Rs 5,000) for each item of Content posted by the Posting Agent on behalf of the principal in violation of the Terms.

 

If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of the Terms without Bestmarket.mu’s express written permission, you agree to pay Bestmarket.mu fifty thousand rupees (Rs 50,000) for each day on which you engage in such conduct.

 

Notwithstanding any other provision of the Terms, ExpoCom retains the right to seek the remedy of specific performance of any term contained in the Terms, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in the Terms, or to seek to recover damages arising from or relating to a violation of this Terms or any combination thereof.

 

20. FEEDBACK

 

We welcome your questions and comments. 

 

Please send them to mailer@bestmarket.mu.

 

21. TERMS OF USE FOR ALL SERVICES

 

Bestmarket.mu offers a variety of online programs (Programs) as a convenience to its participating professionals and persons interested in engaging a professional (Consumer) to perform or receive services (Services) or information about such Services.

 

As a condition to your use of the Programs and as material inducement on the part of Bestmarket.mu to offer the Programs, you expressly acknowledge and agree that:

 

For Consumers:               

  1. the Programs             

  2. the Professional            

  3. the Services to be performed by any Professional. 

                                              

Use of the Programs is at your sole risk. 

 

Bestmarket.mu expressly disclaims any and all warranties of any kind, express or implied arising out of or relating to:

a) your use of the Programs                                

b) the engagement by you of any Professional                                

c) any acts, negligence, breach of contract or other conduct engaged in by you or by any of the Professional’s agents, vendors, consultants and the like                                

d) any other matter relating to the Programs  

    

In no event will Bestmarket.mu liability to you for any reason whatsoever exceed in the aggregate the sum of one thousand rupees (Rs 1,000).

 

Bestmarket.mu does not provide, nor will it provide, any service to or for you, nor is Bestmarket.mu a party to any agreement which you may enter into with a Professional. 

 

If you engage the services of any Professional, all arrangements in such regard are solely between you and the concerned Professional.

 

If any of the above Terms are found by a court of competent jurisdiction to be invalid, all of the other provisions of the Terms shall remain in full force and effect.

 

For Professionals:

  1. the Programs

  2. the Consumers

  3. the agreement between you and the Consumer

 

Bestmarket.mu, its officers, directors, members and employees, as well as Bestmarket.mu Affiliates, shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages or other losses resulting from or relating in any manner to:

a) your use of the Programs

b) the engagement of you by any Consumer

c) any acts, negligence, breach of contract or other conduct engaged in by you or by any of the your or the Consumer’s agents, vendors, consultants and the like

d) any other matter relating to the Programs

 

In no event will Bestmarket.mu liability to you for any reason whatsoever exceed in the aggregate the sum of one thousand rupees (Rs 1,000).

 

Bestmarket.mu and its Affiliates are not a party to any agreement which you may enter into with a Consumer. 

 

If you are engaged by a Consumer, all arrangements in such regard are solely between you and the concerned Consumer.

 

If any of the above Terms are found by a court of competent jurisdiction to be invalid, all of the other provisions of the Terms shall remain in full force and effect.

 

Questions about our services programs may be directed to: mailer@bestmarket.mu

 

22. BRAND AGREEMENT

 

Legal Disclaimer: By logging in to your Bestmarket.mu account, you are agreeing to the terms below and you are stating that you have the authority to represent the manufacturer’s products, pricing, and copyrighted material online. 

 

If you do not agree to the terms, or if you do not have the legal right to represent this brand relative to the terms below, please do not login to the account.

 

  1. Parties

 

This “Agreement” between “I” or “me” or “we” and ExpoCom Ltd and its affiliates (either “Bestmarket.mu”, “ActivADS” or “ExpoCom”, together with me, “we” or the “parties”) governs the relationship between the parties. 

 

The parties agree to conduct this transaction and permit the creation of this Agreement by electronic means.

 

  1. Agreement

 

I hereby license to Bestmarket.mu the use of the images (including logo, products, installation photos, etc.), product catalog, and related data, such as and including product pricing, that I provide or have placed on my website (such images, product catalog, related data, the “Content”) for display on Bestmarket.mu and “Affiliated Sites,” including related websites, social media websites, picture hosting websites, and all other website Bestmarket.mu at its sole discretion believes will provide beneficial exposure to me, and for use in emails, quote requests and promotional materials. 

 

I may make suggestions for the best way to showcase my products or display the Content at any time, but Bestmarket.mu retains full discretion regarding what Content (if any) to display, how, and where. 

 

I represent and warrant that I have obtained all rights in the Content necessary for Bestmarket.mu to exercise the rights granted hereunder, that the Content is accurate and representative of my products, and that I will update my Bestmarket.mu account with any updates to the Content necessary to keep such Content accurate and representative of my products. Bestmarket.mu and Affiliated Sites are not responsible for any damages associated with the Content or its interpretation.

 

  1. Fees

 

Price as stated on Bestmarket.MU® at the time of purchase of the membership. Price remains locked in as long as membership is kept current. 

 

All payments are paid upfront at the beginning of the 30 day billing cycle. All yearly payments are paid upfront at the beginning of the 365 day billing cycle. Payments are automatically deducted from the account on file each billing cycle, unless I cancel my account.

 

  1. Term

 

This Agreement is valid up to and until I cancel my account.

 

  1. Billing

 

In the event that a payment is due on my membership, but my credit card on file is no longer valid or active, Bestmarket.mu may attempt to contact me to determine updated account information. 

 

Bestmarket.mu will wait thirty (30) days before canceling my membership.

 

  1. Termination

 

I may request termination of this agreement at any time.  

 

Termination will take effect upon the end of the last day of my billing cycle.  

 

Bestmarket.mu may terminate this agreement at will.  

 

In the event Bestmarket.mu terminates this agreement early, and I am not in violation of any terms of this Agreement, I will receive a prorated reimbursement for the portion of the billing cycle remaining.

 

  1. Additional Terms

This Agreement incorporates the Bestmarket.mu Terms of Use and General Data Protection. 

 

This Agreement is governed by the laws of the Republic of Mauritius.

 

End Agreement.