Welcome to MartzDigital.com. Martz is the brand owned by MARTZ Digital, a company incorporated in Dubai, United Arab Emirates (UAE). For all practical purposes, the term “Company” shall refer to TIGU Investment In Commercial Enterprises LLC.
By using the MartzDigital.com web site and applications (“Service”), all services of Martz, you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
Company reserves the right to update and change the Terms of Service from time to time without notice to meet the requirements and standards of the business. Any new features that augment or enhance the current Service, including the release of new tools and resources, are subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: www.martzdigital.com.
Violation of any of the terms below will result in the termination of your Account. While Company and Services prohibits such conduct and Content on the Service, you understand and agree that Company cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
Technical support is only available via email. The technical support email address is email@example.com.
You authorize the Company to use, reuse, and to grant others the right to use and reuse, your Content, and any reproduction or simulation thereof, in any form of media or technology now known or hereafter developed, both during and after your use of the Services, for any purposes related to the Service.
You understand that Company uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, or any other Company service.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Company.
Company may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Company customer, employee, member, or officer will result in immediate account termination.
You are solely responsible for the content you are uploading, publishing or propagating to and through MartzDigital and it’s services. You may not Upload, publish or propagate any content that is offensive to the general public, or offends the religious sentiments of the people of UAE or is pornographic in nature or is illegal in any manner according to the existing laws of UAE.
You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages. You must not transmit any worms or viruses or any code of a destructive nature. Company does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
You expressly understand and agree that Company shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
The failure of Company to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Company and govern your use of the Service, superseding any prior agreements between you and Company (including, but not limited to, any prior versions of the Terms of Service).
In no event shall Company liability to you exceed the amount actually paid to Company by you during the preceding 12 months of active usage of Services.
United Arab of Emirates is our country of domicile.
Minors under the age of 18 shall are prohibited to register as a User of this website and are not allowed to transact or use the website.
Website/URL will NOT deal or provide any services or products to any of OFAC sanctions countries in accordance with the law of UAE.
End user shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Site and all charges related thereto. MartzDigital.com shall not be liable for any damages to the End user’s equipment resulting from the use of this Site.
Terms If Use:
You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
Minors under the age of 18 shall and are prohibited to register as a User of this website and are not allowed to make any transaction or use the website.
You must provide your legal full name, valid business license if registering a business entity, a valid email address, and any other information requested in order to complete the signup process.
You are responsible for maintaining the security of your account and password. Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have access to your account).
You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
Any dispute or claim arising out of or in connection with this website shall be governed and construed in accordance with the laws of UAE.
Payments and Refund Terms
A valid credit/debit card or bank account is required.
We accept payments online using Visa and MasterCard credit/debit card in AED
If you make a payment for our products or services on our website, the details you are asked to submit will be provided directly to our payment provider via a secured connection.
The cardholder must retain a copy of transaction records and Merchant policies and rules.
There will be no refunds or credits for setup fees, partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
Company will use commercially reasonable efforts to have custom mobile applications approved by the appropriate mobile platform provider. Although there is a high likelihood of approval, we do not and cannot guarantee acceptance. If your application is denied by the appropriate mobile platform provider you may cancel your account, however there are no refunds under any circumstances.
If you make a payment for our products or services on our website, the details you are asked to submit will be provided directly to our payment provider via a secured connection.
The cardholder must retain a copy of transaction records and Merchant policies and rules.
We accept payments online using Visa and MasterCard credit/debit card in ___ currency.
Cancellation and Termination
You are solely responsible for properly canceling your account.
All of your Content will be deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled.
If you cancel the Service before 30 working days from the end of your current paid up period, your cancellation will take effect immediately and you will not be charged again.
Company, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Company service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account.
Company reserves the right to refuse service to anyone for any reason at any time.
100% Satisfaction Guarantee Terms
If for whatever reason you are unsatisfied with the Services (as described by Company) within the first month of service, Company guarantees to adjust the first month of service with an additional month of service with no questions asked. Services are backed by a 100% satisfaction guarantee.
This guarantee does not apply to months after a full month of service has passed and only applies to the initial month of service with Company.
Modifications to the Service and Prices
Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
Company shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
From time to time, Company may issue an update to the Services which may add, modify, and/or remove features from the applications. These updates may be pushed out automatically with little or no notice, although Company will do everything in its power to notify you in advance of an upcoming update, including details on what the update includes.
The Services will be subject to a pay as you go plan, monthly, bi-annual or annual subscription fees. Once you have completed your free trial period, you will be notified via email of the termination of your free trial period and your access to your account will be suspended unless you take a pay as you plan, monthly, bi-annual, or annual subscriptions.
Monthly, bi-annual or annual subscriptions are billed monthly, bi-annually or annually respectively, in advance according to the Fee Schedule selected by you at sign up. Monthly, bi-annual or annual send credits expire at the end of each period (monthly, bi-annually or annually), but Non-expiring Extra Credits do not. Pay as you go credits must be prepaid and do not expire. The Fee Schedule, including subscriber levels and prices, are subject to change at any time.
Payment of your MartzDigital subscription or plan must be made by a valid credit card accepted by MartzDigital using the Payment Tech transaction system. For monthly, bi-annually or annuallt subscriptions you hereby authorize MartzDigital to charge your credit card for such amounts on a regular basis, generally on the renewal date of your Subscription to MartzDigital. Fees are payable in AED. If MartzDigital, for any reason is unable to effect automatic payment via your credit card, you will be notified via email and your MartzDigital account will be disabled until payment is received.
Refunds – given at least five (5) business days’ notice in writing, MartzDigital may offer a refund, at its discretion.
Cancellation and subscriptions changes – you may cancel, upgrade or downgrade your subscription at any time. If you wish to upgrade or downgrade your periodic subscription you may do so by contacting our Billing Department, or you can manually do it in your account. Cancelations must be done five (5) business days prior to your next billing date to avoid further charges.
MartzDigital staff will charge AED 300 per every 30 minutes for any walk-through process over the phone or live chat that is explained in any of our help sections including Manuals, Q.A., Tutorials and others. The Fee Schedule is subject to change at any time.
To qualify for the Non-Profit discount you must be registered as a not-for-profit organization, a club, membership organization, charity, or cultural group. We require that you submit the 501 (c) form or the appropriate legal documents from the corresponding country to our Sales Department.
MartzDigital lets you upload up to 20 mailing lists, each with up to 250,000 contacts. You can add additional mailing lists at an extra cost.
In addition to the credits provided by your Periodic plan, you may also purchase Non-Expiring Extra Credits whenever you need them. They rollover, and can be used at any time as long as your periodic membership is active.
Copyright and Content Ownership
We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by using the Services and applications, you agree to allow others to view and share your Content.
Company does not pre-screen Content, but Company and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
The look and feel of the Service is copyright 2016 TIGU. All rights reserved. You may not duplicate, copy, or reuse any portion of the content, data, HTML/CSS or visual design elements without express written permission from Company.
Company may make certain software available to you through the Service. If you access, download or otherwise use the software from the Service, the software, including all files and images contained in or generated by the software, look and feel, HTML/CSS, visual design elements, and accompanying data (collectively, “Software”) are deemed to be licensed to you by Company, for your personal and noncommercial use only. Company does not transfer either the title or the intellectual property rights to the Software or Services, and Company retains full and complete title to the Software and Services as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software or Services, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form.
You grant Company a license to use the materials you post to the Services. By posting, downloading, displaying, performing, transmitting, or otherwise distributing user content to the Service, you are granting Company, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use user content in connection with the operation of Company and Services, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat user content. You will not be compensated for any user content. By posting user content on the Service, you warrant and represent that you own the rights to the user content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute user content.
When accessing or using the Services, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Services is at all times governed by and subject to laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any party’s copyrights, trademarks, patents, trade secrets, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property, and you shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by any content you provide, post, or transmit, or that is provided or transmitted using your user name or user ID. The burden of proving that any Content does not violate any laws or intellectual property rights rests solely with you.
All Company and Services content included on its sites, its Software and Applications, and through the Services is the property of Company and is protected by international intellectual property laws. All Company content, Software, code, HTML/CSS, and visual design data is copyright 2016 TIGU.
Disclaimer of Warranty
End user expressly agrees that use of this site and the microsites is at end user’s sole risk. Neither MartzDigital.com, its affiliates nor any of their respective employees, agents, merchants, third-party content providers or licensors, or any of their officers, directors, employees or agents, warrant that use of the site or any microsite will be uninterrupted or error free; nor do they make any warranty as to (i) the results that may be obtained from use of this site, or any microsite, or (ii) the accuracy, reliability or content of any information, service or vouchers provided through this site or the microsites.
This site and the microsites are made accessible on an “as is” and “as available” basis. MartzDigital.com hereby disclaims any and all representations, warranties and conditions, whether express or implied, including, but not limited to, those of title non-infringement, merchantability, and fitness for a particular purpose.
Limitation of Liability
In no event shall MartzDigital.com, be liable for any indirect, incidental, special, consequential or punitive damages arising out of or related to this agreement. In no event will MartzDigital.com’s liability in connection with a MartzDigital.com exceed the amounts paid for such MartzDigital.com, and total aggregate liability arising out of or related to this agreement shall not exceed the amounts paid by end user during the six months preceding the bringing of any claim.
MartzDigital.com shall have the right, but not the obligation, to monitor the content of the Site and any Microsites at all times, including any chat rooms and forums that may hereinafter be included as part of the Site, to determine compliance with this Agreement and any operating rules established by MartzDigital.com, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, MartzDigital.com shall have the right, but not the obligation, to remove any material that MartzDigital.com, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
By posting communications on or through this Site or any Microsite, End user shall be deemed to have granted to MartzDigital.com a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights through multiple tiers of sub licensees.
End user agrees to defend, indemnify and hold harmless MartzDigital.com, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of or related to any products or services purchased by End user in connection with the Site or any Microsites.
End user is solely responsible for interactions with Merchants and other users of the Site or Microsites. End user hereby releases MartzDigital.com from any and all claims or liability related to any product or service of a Merchant, any action or in-action by Merchant, including Merchant’s failure to comply with applicable law and/or failure to abide by the terms of a Voucher, and any conduct or speech, whether online or offline, of any other user.
Nothing in this Agreement shall be construed so as to create a joint venture, partnership or agency/representative relationship between End user and MartzDigital.com and neither End user or MartzDigital.com shall have the right or authority to incur any liability debt or cost or to enter into any contracts or other arrangements in the name of or on behalf of the other.”
MartzDigital.com may terminate this Agreement at any time. Without limiting the foregoing, MartzDigital.com shall have the right to immediately terminate or suspend any passwords or accounts of End user in the event of any conduct by End user or which MartzDigital.com, in its sole discretion, considers to be unacceptable, or in the event of any breach by End user of this Agreement.
MartzDigital.com is a trademark of MartzDigital.com, Inc. All rights in respect of this trademark are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on MartzDigital.com are the property of their respective owners.
MartzDigital.com, similar to an Internet Service Provider, is a distributor (and not a publisher) of content supplied by third parties and End users. Accordingly, MartzDigital.com has no more editorial control over such content than does a public library, bookstore or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any other end users are those of the respective author(s) or distributor(s) and not of MartzDigital.com.
In many instances, the content available through this Site represents the opinions and judgments of the respective information provider, end user, or other user not under contract with MartzDigital.com. MartzDigital.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on MartzDigital.com by anyone other than authorized MartzDigital.com employee spokespersons while acting in official capacities. Under no circumstances will MartzDigital.com be liable for any loss or damage caused by an end user’s reliance on information obtained through MartzDigital.com. It is the responsibility of End user to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through MartzDigital.com.
MartzDigital.com contains links to third-party websites maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by MartzDigital.com of the contents on such third-party sites, and MartzDigital.com hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party websites. If End user decides to access linked third-party websites, End user does so at its own risk. Unless you have executed a written agreement with MartzDigital.com expressly permitting you to do so, you may not provide a hyperlink to the Site or any Microsite from any other website. MartzDigital.com reserves the right to revoke its consent to any link at any time in its sole discretion.
This Agreement, including the Terms of Sale set forth below (which are incorporated into this Agreement), and any operating rules for MartzDigital.com established by MartzDigital.com, constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.
By using this Site, End user agrees that: (1) any claim, dispute, or controversy End user may have against MartzDigital.com arising out of, relating to, or connected in any way with this Agreement, this Site, or any Microsite, or the purchase or sale of any Voucher(s), shall be resolved exclusively by final and binding arbitration administered by the Dubai International Arbitration Centre (“DIAC”) and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by DIAC(“Rules and Procedures”); (2) the arbitration shall be held at a location determined by DIAC pursuant to the Rules and Procedures (provided that such location is reasonably convenient for End user), or at such other location as may be mutually agreed upon by End user and MartzDigital.com; (3) the arbitrator shall apply English Law consistent with the Laws of the United Arab Emirates (4) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only the End user’s and/or MartzDigital.com’s individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (5) in the event that the End user is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, MartzDigital.com will pay as much of the End user’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (6) with the exception of subpart (4) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by DIAC, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (4) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither End user nor MartzDigital.com shall be entitled to arbitrate their dispute. For more information on DIAC and its Rules and Procedures, End users may visit the DIAC website at http://www.diac.ae
Terms of Sale
All vouchers obtained from the Service or associated mobile apps, or any other website associated with MartzDigital.com (hereinafter “Vouchers”) are promotional vouchers that may be posted by participating merchants (“Merchants”) through MartzDigital.com to be used in exchange for goods and services at a discount from their actual cost.
By choosing to utilize a Voucher from a Merchant through MartzDigital.com, you agree to the terms and conditions stated in this document. You are required to create an account in order to avail any Voucher. This is required so we can provide you with easy access to print your orders, view your past purchases, modify your preferences, and to ensure permissible use of the Voucher.
The Voucher you purchase through MartzDigital.com is redeemable for goods or services by the Merchant. The Merchant, not MartzDigital.com, is the seller of the Voucher and the goods and services and is solely responsible for redeeming any Voucher you purchase. MartzDigital.com promotes a Voucher that can be redeemed in connection with your purchase of the goods or services from Merchant.
All Vouchers shall be subject to the terms and conditions of MartzDigital.com and the participating Merchant. The Merchants are the sellers of the goods or services which you are purchasing. All monetary transactions made by customers on MartzDigital.com.ae are handled by Company.
As a holder and issuer of the Voucher, the Merchant shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the the Merchant, as well as for any unclaimed property liability arising from unredeemed Vouchers or portions thereof. You waive, and release MartzDigital.com and its officers, directors, employees and agents from, any claim, liabilities, damages, or injury arising from or related to any act or omission of Merchant in connection with a Voucher or the services/goods provided in connection therewith and/or as it relates to compliance with applicable unclaimed property and other laws relating to the redemption of the Vouchers or any portion thereof. Merchant Vouchers are redeemable in their entirety and on a one-time basis only and may not be redeemed incrementally.
Merchant Voucher may be applied only to merchandise sold by Merchant, and may not be applied to shipping or handling charges.
Neither MartzDigital.com nor the Merchant is responsible for lost or stolen Vouchers or Voucher’s reference number.
Voucher cannot be combined with any other vouchers, third party certificates, coupons, or promotions, unless otherwise specified by Merchant.
Reproduction, sale or trade of this Voucher is prohibited unless done so in compliance with applicable law.
Any attempted redemption not consistent with these terms and conditions will render the Voucher null and void.
MartzDigital provides businesses operators a software application to create, launch, and manage online email marketing campaigns and HTML newsletters.
The Service must not be used for the sending of unsolicited email (sometimes called “spam”).
By clicking the ‘I accept these terms and conditions’ button and purchasing a subscription or pay as you go plan, you accept these Terms and Conditions, here in after also referred to as the “Agreement”:
The Services are available only to businesses who can form legally binding contracts and subscribe to MartzDigital Service.
You agree you will not access or otherwise use third party mailing lists in connection with preparing or distributing unsolicited email to any third party. You here by agree to indemnify and hold harmless MartzDigital against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys’ fees) in connection with any claim fraction that arises from an alleged violation of the foregoing or otherwise arising from or relating to your use of MartzDigital. Although MartzDigital has no obligation to monitor the content provided by you or your use of the Services, MartzDigital, may do so and may remove any such content or prohibit any use of MartzDigital, if it believes it is (or is alleged to be) in violation of the foregoing.
Every email message sent via MartzDigital must contain an “unsubscribe” link that allows visitors to remove themselves from your mailing list. You agree that you will not remove, disable or attempt to remove or disable either link. MartzDigital may immediately disable your access to MartzDigital if you violate this restriction.
The Services may only be used for lawful purposes. Transmission or solicitation of any material that violates the United States federal or state law, the European Community, or other laws that may apply in your local area is prohibited. This may include material that is obscene, threatening, harassing, libelous, or in any way a violation of intellectual property laws or a third party’s intellectual property rights.
For every email message sent in connection with the Services, you acknowledge and agree that the Services may automatically add an identifying footer stating “Powered by MartzDigital”- try us free. You agree to cooperate with and provide reasonable assistance to MartzDigital in promoting and advertising MartzDigital.
MartzDigital will not share information you may upload (such as email addresses, name, contact information, or other registration information). MartzDigital may use this information and any technical information about your use of the Services to tailor its presentations to you, facilitate your movement through the Service, or communicate separately with you. If you licensed the Services as a result of solicitation by a Reseller or Franchise of MartzDigital, MartzDigital may share your information with the Reseller or Franchise.
MartzDigital will not use your customer list or any other customer information for any other purposes than those intended with the service. Your customer information will not be shared with any other parties. MartzDigital will not use your customer information for the purpose of sending unsolicited commercial email.
MartzDigital requires all new accounts to be reviewed by the MartzDigital staff in order to verify that no spam and/or illegal contents will be sent through our network. A hold limit for sending may be placed in the account until the reviewing process is completed.
You represent to MartzDigital and unconditionally guarantee that any elements of text, graphics, photos, designs, logos, trademarks, or other artwork furnished to MartzDigital for inclusion in a personalized template created by MartzDigital for you are owned by you, or that you have permission from the rightful owner to use each of these elements, and will indemnify, hold harmless, protect, and defend MartzDigital and its Related Parties (as defined below) from any claim or suit arising from the use of such elements furnished by you.
If your account is terminated due to Spam Complaints and/or fraud, amounts previously charged will not be refunded under any circumstances.
Text SMS Promotions
By accessing the service you agree to pay the Service Charges applicable to the particular Service.
No refunds will be offered for any SMS that is not received by intended recipient or are not sent correctly in accordance with the Service requirements. Should you believe a refund is warranted or should you have any issues or complaints regarding the Services please contact our Customer Care service.
By using the service, you warrant that all information submitted by you is true, current and complete.
MartzDigital.com accepts no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission or communications line failure, relating to the service.
Social Media Posts
The Social Media Marketing product has been developed to facilitate the promotion of your business and/or interests on different social media, each governed by it’s own guidelines and
In no case will MartzDigital.com be liable to you for loss of business or profits; incidental or consequential damages; or costs in excess of billing for services related to your purchase of the Social Media Marketing product, whether as a result of errors, mistakes or failure by MartzDigital.com to perform services, or otherwise. MartzDigital.com reserves the right, in MartzDigital.com’s sole discretion, to refuse to accept any particular use of the Social Media Marketing product or to terminate any particular use of the Social Media Marketing product prior to completion at any time and for any reason. You agree that MartzDigital.com shall have no liability of any kind to you or to any third party arising from such refusal or termination.
Sellers (you) who want to register on www.martzDigital.com (the Site or we or us or our), and use our services to sell products must accept these Seller Terms and Conditions (Terms). By creating a Seller account with us, you agree to be bound by these Terms, and all policies, guidelines, and other terms incorporated on the Site (Site Terms).
MartzDigital SERVICES: We offer the web and mobile platforms for Sellers to offer products to end users, and complete transactions. MartzDigital provides you with technology and services such as order management, fulfilment, all shipping and handling, cash collection and processing of payment, and call centre and customer support (Services). As a Seller, you use the Site and the Services at your own risk, and MartzDigital bears no risks relating to your products, and all rights and liabilities therein.
SELLER ACCOUNT: Seller registration process will result in creation of a Seller account with us. We may also assist Sellers for creating an account after receiving necessary information. You must first familiarise with the sale process set out on the Site and all Site Terms.
SELLER’S DUTIES: The Site and Services may be used only for lawful purposes and in a lawful manner. You must comply with all Applicable Laws. You must at your own expense or purchaser’s expense (as agreed with MartzDigital) ship products within 03 (three) days from the order date, unless you specify another shipping time in writing. We reserve the right to charge a penalty for (i) your delivery delays against agreed timeline; or (ii) cancellation of a confirmed order placed by a purchaser. It is your duty not to place any misleading advertisement or information about your products or a brand on the Site. If you are found breaching these terms, you must accept return of products and will pay us a penalty. The penalty under these Terms will be amended and notified by MartzDigital from time to time.
In addition to the warranties mentioned in clause 6 below, you agree that you will (i) package products safely and in good manner to avoid damages (ii) ensure that you products do not cause any personal injury or damage to properties or people (iii) provide trade license and copy of passport or national ID (for individuals) (iv) provide the required warrantees and maintenance for the purchased products in accordance with market practices, MartzDigital policies and Applicable Laws; and (iv) remain responsible for after-sales services, guarantees and maintenances, and defects.
Products that are hazardous to health and safety will require additional warranties, and higher safety standards as may be required by the federal or local government or law enforcement agencies. Liabilities for not following relevant safety and health requirements or selling products hazardous to individuals or properties will be at your sole risk and cost. We will reject products that fall under our Restricted items list.
OUR POLICIES: Site Terms are applicable to all activities or transactions made on or via the Site. If MartzDigital is notified by a seller or a third party brand owner, or via a court, administrative or government order that the products or a portion violates the Intellectual Property Rights or IPRs (including without limitation (i) copyright, patents, database rights and rights in trademarks, designs, know-how and confidential information (whether registered or unregistered); (ii) applications for registration, and the right to apply for registration, for any of these rights; and (iii) all other IPRs and equivalent or similar forms of protection existing anywhere in the world) or any other rights of any third party or any Applicable Laws, MartzDigital may remove such products from the Site at its sole discretion or ask Seller to remove such products within a reasonable timeframe notified in writing. Seller acknowledges that MartzDigital may from time to time introduce and implement new business rules, and customer care guidelines. Additionally, we are under no obligation to provide any information, material or document back to you, including following termination of these Terms or cancelation of a Seller account.
FEES AND PAYMENTS: You can verify sales reports for each calendar month through Seller account and the report will include the amount successfully collected for your products minus MartzDigital’s fees. In most cases, a Seller or a purchaser will incur shipment charges. Shipment charges incurred by MartzDigital if any will be adjusted. Seller is responsible for payment of taxes in connection with the products including interests, collection or withholding costs associated. All such amounts are in addition to MartzDigital fees.
Cost of each item minus MartzDigital fee as set out on the Site will be released to Sellers’ account on the Site within 15 Business Days after successful products delivery, and not later than 30 days. This period will always be subject to any purchaser dispute or conflict resolution time. Thereafter, Sellers can transfer such balance to his/her bank account at any time. Our obligation to remit funds received by us on your behalf is limited to funds that we have actually received less amounts owed to MartzDigital, subject to chargeback or reversal or withheld for anticipated claims in accordance with these Terms. The parties shall endeavor to resolve all and any payment conflicts amicably, and in the absence of an acceptable resolution.
Notwithstanding these Terms and without prejudice to MartzDigital’s other rights and remedies, Seller acknowledges MartzDigital’s rights to: (i) withhold all and any amounts to Seller; and (ii) recover from Seller all losses or damages suffered by MartzDigital and or a purchaser as solely determined by MartzDigital; (iii) pay a penalty of AED 50,000 (Fifty Thousnd United Arab Emirates Dirhams) immediately; if (a) a Seller’s product was found to be not original or refurbished and or counterfeit; and (b) any fraudulent conduct was identified on the part of Seller.
SELLER WARRANTIES AND REPRESENTATIONS: Seller represents and warrants that: (i) Seller has the power and licenses, permissions, authorizations, proprietary rights, consents and permits in the products and to sell and promote products in the Territory; (ii) products conform to quality and safety standards; (iii) seller shall be solely responsible for any products placed or distributed through the Site and breach of any third party contracts; (iv) placement of products and sale of products through the Site will not be in breach of any Applicable Laws or third party rights; (v) all products including the materials supplied to MartzDigital are original and free from any defects; (vi) seller will not engage in any unfair trade practices, and publish any inaccurate or misleading advertisement or information about products on or via the Site, and (vii) seller will neither sell nor deliver to a purchaser a refurnished or used item, and that the products will be always new.
Seller agrees to reimburse MartzDigital any fines or fees imposed on MartzDigital by a relevant authority for breach of these warranties. MartzDigital also reserves the right to withhold payment of any fees due to Sellers in such cases. Seller shall also immediately compensate the purchaser(s) with the value of the purchased item and shall return any unacceptable products at its own cost.
RETURNS: Products sold on the Site are subjected to a return policy that is within 15 (fifteen) calendar days of the date of delivery as long as products are in the original packaging, and original condition when purchased and received except in cases a product is counterfeit or defective and/ or materially different from the one ordered by a purchaser. Our customer support team will arrange return for Seller by arranging a courier pick-up and return, at which point full refund is made to a purchaser. Seller must accept return of an item without fail. In the event of a return not in breach of a Seller obligations under this provision, MartzDigital will not levy any costs or penalty. Nevertheless, MartzDigital may levy shipping charges on Sellers if products are returned due to Seller’s breach of these Terms or Site Terms. Notwithstanding these Terms, returned products if not accepted by Seller after two attempts by MartzDigital will be held in MartzDigital’s custody for 60 (sixty) days from the date of receipt for Seller to take delivery. After this period, MartzDigital retains the right to destroy products at its own discretion, and Seller will exhaust rights in the products including any fees, revenues or price.
All auctioneers and bidders at martzDigital.com Auctions acknowledge that they have read these terms and conditions of sale and agree to be bound thereby. If you do not understand any of these terms or conditions, please ask Martz Digital customer care for clarification before registering.
Identification – All purchasers are required to have a Bidder’s Number to bid and shall supply MartzDigital.com Auctions with their full name, address and telephone number. A form of picture identification is required to verify information.
Addition to or withdrawal from sale – Martz Digital reserves the right to withdraw from sale any of the items listed or to sell at this auction items not listed, and also reserves the right to group one or more lots into one or more selling lots or to subdivide into two or more selling lots.
Condition of items sold – Martz Digital shall not be responsible for the correct description, authenticity, genuineness of, estimated selling price of, or defect in any lot, and makes no warranty in connection therewith. No allowance will be made or sale set aside on account of any incorrectness, error in cataloguing, or any imperfection not noted. No deduction will be allowed on damaged articles as all goods being exposed for public exhibition are sold “as is” and without recourse.
Manner of payment – Auctioneer may post their products free of cost alongwith relevant details. MartzDigital will be eligible to be paid a percentage of the highest bid amount. On receipt of the percentage due, Martz Digital will release the contact details of the 3 highest bidders to the Auctioneer.
Martz Digital is not responsible for any transactions after release of bidder’s contacts to the auctioneer.
Subscribers may post classified advertisement in relevant sections as per the pricing policy.