Terms & Conditions
Last updated : 05/05/2021
Preamble
This website is recognized to be owned and managed by Martoo Portal L.L.C, as the terms “we”, “us” and “our” refer to the website. By using this website or any other media form including our mobile website, media channel and our mobile applications, you demonstrate your acceptance of these terms and conditions of use, along with the Privacy Policy. If you do not approve of all of the Terms of Service, and the Privacy Policy, you cannot use this Platform. Any new features or tools added to the current store shall also be subject to the Terms and Conditions. The most recent version of the Terms and Conditions should be reviewed at all times on this page. We maintain the right to update, alter or replace any of these Terms and Conditions through making updates, amendments, and/or changes to our website. It is your utmost responsibility to check this page on a regular basis for such changes. Your continued use of or access to the website following the posting of any changes signifies acceptance of such changes. Martoo.com offers this website, including all information, tools and services available from this site to you, the user, on the condition that you accept all terms, conditions, policies and notices mentioned in this document. By visiting our site and/ or purchasing our products, you interact with our “Service” and agree to be bound by the following terms and conditions, including all additional terms and conditions and policies referenced herein and/or available by hyperlinks. These Terms of Service apply to all users of the site, including and without limitation, users who are browsers, vendors, customers, merchants, and/ or creators / contributors of content.
Liability of Martoo.com and Its Licensors and Partners
The use of the Platform or the Contents is your own responsibility. The Contents in this Platform may embrace technical inaccuracies, inaccurate nutritional information or typography mistakes. Martoo.com may change or improve on any of its features at any time from the moment you consent that the use of martoo.com’s service and platform is entirely at your own responsibility. Martoo.com, the platform, along with its content follow an “as is,” “as available” policy. To the extent permitted by applicable law, Martoo.com disclaims all representations and warranties of any kind, whether expressed or implied, including and without limitation, the warranties of merchantability or fitness for a particular purpose, with respect to martoo.com service, the platform, or its content or with respect to any information, services, and products provided through or in connection with Martoo.com; Martoo.com does not embrace any representation or warranty of any manufacturer or merchant of any such information, service, or products. Martoo.com makes no representations or warranties of any kind as to the availability, reliability, correctness, accuracy, content of any information, services, or products acquired through the platform. Martoo.com does not guarantee that the functions provided by the platform will be error free, and that defects will be corrected, or that this platform or the server that makes it available is free from viruses or other harmful components. Neither Martoo.com nor any of its directors, employees, Martoo Pointsholders, affiliates, agents, representatives, joint venture parties, independent contractors, third-party information providers, merchants, or licensors are liable for any damages of any kind, including and without limitation, compensatory, direct, indirect, special, incidental, consequential, or punitive damages; loss of data, income, or profit; or loss or damage to property, coming from or in connection with the use of, or the inability to use, the platform or the website Martoo.com. Martoo.com’s liability is restricted to providing you with a refund for any product that is returned. The only solution shall be for you to end your use of martoo.com and terminate this agreement. Martoo.com reserves the right to limit your order or the quantity of a specific product you may order.
GENERAL CONDITIONS
We have the right to refuse to provide service to any party for any reason at any time. You comprehend that your information (not including credit card information), may be transmitted unencrypted and involve:
(a) transmissions over various networks;
(b) changes to conform and adapt to technical requirements of connecting networks or devices.
Credit card information is always encrypted during transfer over networks. You consent not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Platform, use of the Platform, or access to the Platform or any contact on the website through which the service is provided, without expressing any written permission by Martoo.com. The United Arab of Emirates is our country of residence. Minors under the age of 18 are not allowed to register as a User of this website and are prohibited from transacting or using the website. 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 secure connection. The cardholder retains a copy of transaction records and Merchant policies and rules. Multiple shipments/deliveries may yield to obtaining multiple postings to the cardholder’s monthly statement. We accept online purchases using Visa and MasterCard credit/debit card in AED.
Registration
The information you provide is protected according to our Privacy Policy. If you utilize the website, you are liable to maintaining the confidentiality of your own account and password and for restricting access to your computer or laptop, and you thus consent to accept full responsibility for all activities that are done under your account or password.
We are not liable for any losses or damages that may be encountered as a result of any failure on your part to protect your password or account. You should notify us if you suspect any questionable activity on your account by contacting us immediately at the address displayed below. If we have any reason to believe that there may be a violation in security or abuse of the site, we may ask you to change your password or we may suspend your account without further notice.
ONLINE STORE TERMS
With your consent to these Terms of Service, you confirm that you are at least 18 years old, or that you are the age of maturity in your state or province of residence and you have provided us with your consent to allow any of your minor dependents to use this site.
You are not allowed to use our products for any illegal or unauthorized purpose nor are you permitted, in the use of the Platform, to violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transfer any viruses or any code holding destructive features. A violation of any of the Terms will consequently lead to your services’ immediate termination.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not held responsible for any inaccurate, incomplete information shown on the website. General information is only displayed on the website and should not be relied upon or utilized for serious decision-taking without consulting primary, accurate, credible and timely sources of information. Any reliance on the material on this site is at your own risk.
This site may include specific historical information that is not necessarily recent and is provided for reference purposes only. We have the right to modify the content of this site at any time, but it is not our duty to update any information on our site. You consent that you are liable to monitoring changes on our site.
MODIFICATIONS TO THE SERVICE AND PRICES
Errors may be encountered while providing product information and pricing by the website. We can only confirm the product price after ordering. During the time which a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, we have the right to either contact you for instructions or cancel your order and notify you of this cancellation.
Prices for our products may be altered without notice. We reserve the right at any time to modify or terminate the Platform or remove content without giving notice at any time. We are not liable for any modification, price change, suspension or termination of the Platform.
PRODUCTS OR SERVICES
We have established effort in creating accurate displays of the products that appear on the website in terms of color and imagery. We cannot warrant that your monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We reserve the right to limit the quantities of any of our offered products or services. All descriptions of products or product pricing are subject to change at any time without notice, at our own discretion. We reserve the right to discontinue selling any product at any time. We do not guarantee that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Platform will be corrected.
Martoo.com will NOT deal or provide any services or products to any of OFAC (Office of Foreign Assets Control) sanctions countries in accordance with the law of UAE.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We have the right to refuse any placed order. We may restrict or cancel out quantities purchased by the person, by the household or by the order. These restrictions may entail orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. While making a change to or cancel out an order, we may notify you by contacting you via the email and/or billing address/phone number provided at the time the order was placed. We have the right to restrict or prohibit orders that appear to be placed by dealers, resellers or distributors.
Order Acceptance
We reserve the right to accept, refuse or cancel out any order for any reason whatsoever. Restrictions on available quantities for purchase, errors in product or pricing information, or problems identified through our credit and fraud are some situations that may result in cancellation, and additional checks or information may be requested before accepting any order. We will notify you if your order, in part or in its entirety, is cancelled, or if additional information is required to go along with your order. If your order is cancelled after debiting your credit / debit card, the amount will be returned back to your credit / debit card account. No cash payments will be made under any circumstances.
Customer Cancellation
If we receive a cancellation notice from your end, and the order still has not been processed/approved from our end, then we shall cancel the order and make a refund of the entire amount to your credit/debit card.
Cancelled orders after having been shipped are subject to a 40 AED cancellation fee to be deducted from your refund for shipping and processing. We have the full right to demonstrate whether an order has been shipped or not. The customer gives us full consent not to argue with the decision made regarding the cancellation and thus accept this condition.
Delivery
We make the best effort to meet the agreed upon delivery date during the order checkout; however, the delivery may be subject to any delays or cancellations due to unavoidable circumstances beyond our control. Our team will notify you as soon as possible the moment we become aware of such incidents.
During the delivery stage of the order, in cases where you are not found to be available at the provided address, we will not deliver the product to any other address or location; the order will either be cancelled or rescheduled.
Failing to pay the required amount at the time of delivery receival will result in the cancellation of the order.
REFERRAL PROGRAM
- Referrers cannot refer themselves or create multiple, fictitious or fake accounts.
- To qualify for a referral reward, your friend must not be an existing user and must be a first-timer of Martoo.com.
- Referral reward will be credited after the invited friend places an order, and it gets delivered successfully.
- Reward balance may take up to 3 working days to be credited in your account.
- Martoo.com has the right to validate referral rewards and confirm or deny the transaction on its sole discretion.
- Martoo.com has the right to make any changes on the referral program or the reward value or cancel the program without prior notice
THIRD-PARTY LINKS
Specific content, products and available, displayed services from third-parties may be included through our services.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not held responsible nor will we have any liability for any examination or evaluation done to the content or accuracy for any third-party material, products, services, or websites.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. You are responsible for carefully reviewing and examining the third-party’s policies and practices to ensure that you well-comprehend them prior to any engagement in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If you send specific submissions (for instance contest entries) or if you send creative ideas, suggestions, proposals, plans, or other materials, be it online, via email, or via social media, you thus agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation:
(1) to maintain any comments in confidence;
(2) to pay compensation for any comments; or
(3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine is unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. We thus have your consent that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a fake e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
PERSONAL INFORMATION
Your submission of personal information is subject to our Privacy Policy.
Debit / Credit Cards
We reserve the right to refuse or to accept a credit / debit card or, in case where the transaction is accepted, to cancel the transaction, for fraud detection purposes.
The credit / debit card details that you provide will be correct, valid and accurate, and you must use the credit / debit card that you legally own, where in a credit / debit card transaction, you must use your credit / debit card. The previously mentioned information will not be used and shared with any third party unless it is required to verify fraud or under a law, regulation or court order. We will not be responsible for any credit / debit card fraud. The responsibility for fraudulent use of the card is your responsibility, and the responsibility to prove otherwise rests exclusively on you.
ERRORS, INACCURACIES AND OMISSIONS
On some occasions, there may be information on our Platform that contains typography mistakes, inaccuracies or omissions for any product descriptions, pricings, promotions, offers, product shipping charges, transit times and availability. We have the right to amend any mistakes, inaccuracies or omissions, and to change or update information or cancel orders in cases where any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We are not obliged to update, amend or clarify information in the Service or on any related website, including and without limitation, pricing information, except as required by law.
PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:
(a) for any unlawful purposes;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
(h) to collect or track the personal information of others;
(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) for any obscene or immoral purpose; or
(k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not assure, signify or warrant that your use of our service will be undisturbed, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Platform will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, 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.
In no case shall Martoo.com, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors 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 service or any products procured using the service, or for any other claim related in any way to your use of the service 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 service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Copyright & Trademark
Unless otherwise indicated, all contents of the website are copyright, trademarks, commercial appearance and / or other intellectual property owned, controlled or licensed by Martoo Portal LLC They license their material to us and it is protected by applicable laws. We, our suppliers and our licensors expressly reserve all intellectual property rights in all texts, programs, products, processes, technology, content and other materials appearing on this website. Access to this website is not granted and will not be deemed to grant anyone any license under any of our intellectual property rights or to any third party. All rights, including copyright, in this website are owned by or licensed to us / our affiliates. Any use of this website or its contents, including copying or storing it in whole or in part, other than for your personal non-commercial use without our permission is prohibited. You may not modify, distribute or repost anything on this website for any purpose. Our names, logos and all related product and service names, design marks and logos are trademarks or service marks of Martoo Portal LLC. No trademark or service mark license is granted in connection with the material on this website. Access to this website does not permit anyone to use any name, logo or mark in any way.
INDEMNIFICATION
You agree to indemnify, defend and not hold Martoo.com and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, responsible for any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Platform.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
GOVERNING LAW
The terms and conditions are interpreted in accordance with the federal laws of the United Arab Emirates and the local laws and regulations of the Emirate of Dubai. The courts in Dubai shall have exclusive jurisdiction over any procedures arising from the terms and conditions.
CHANGES TO TERMS OF SERVICE
The Website Policies and Terms & Conditions may be changed or updated occasionally to meet the requirements and standards. Therefore the Customers’ are encouraged to frequently visit these sections in order to be updated about the changes on the website. Modifications will be effective on the day they are posted.
CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at help@Martoo.com
Loyalty Points Terms & Conditions
“Account” means the account where Points of a User will be Earned on the Martoo application and/or Martoo.com.
“Earn” or “Earning” is when a User is rewarded with Points for making a Qualifying Transaction.
“Points” means the value of the rewards which are accrued by Users of Martoo.
The “Minimum Redemption Amount” is 10 Martoo Points (worth 1 AED) to be used against a purchase.
“Martoo Wallet” Where Martoo Points are placed.
“Transfer” means moving points to or from a User Martoo Account to another Martoo account user.
General
Martoo reserves the right to change, modify or amend any part of Martoo at any time. This right includes, but is not limited to, the Terms rules for Earning and Redeeming points, rules for use of rewards, benefits, procedures and specific features of promotional offers.
Martoo makes no representations about the suitability of the information, products, and services contained on the Martoo App and / or Martoo.com for any purpose. All information, products, and services are provided “as is” without warranty of any kind. Martoo here by disclaims all warranties and conditions with regard to information, products, and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.
In no event shall Martoo be liable for any direct, indirect, incidental, special or consequential damages arising out of or in any way connected with the use of the Martoo App and / or Martoo or with the delay or inability to use the Martoo App and / or Martoo.com, or for any information, products, and services obtained through the Martoo App and / or Martoo.com, or otherwise arising out of the use of the Martoo App and / or Martoo.com, no matter how arising whether based on contract, tort, strict liability or otherwise.
You agree to indemnify Martoo.com, its employees, agents and representatives, and to hold all defended and harmless from any claims, and liabilities including legal costs that may arise from your submissions to the Martoo App and / or Martoo.com, from your use of material obtained through the Martoo App and / or Martoo.com, from your breach of these Terms, or from any such acts arising through your use of the Martoo App and / or Martoo.com.
Martoo reserves the right, in its sole discretion, to deny access to the Martoo App and / or Martoo.com wholly or partially without any notification with no liability of whatsoever nature.
Martoo Points have no predetermined termination date until such time as Martoo.com decides to terminate it, at any time, with or without notice at Martoo.com sole discretion. A User has the right to leave Martoo Points and discontinue the usage of the Martoo App and / or Martoo.com at any time.
If a User opts to leave Martoo the User understands and accepts that the User shall be forfeiting any unused Points or Earning activities that would generate Points.
Points have no monetary value and cannot be sold or assigned to others or used as value in any other transaction other than those facilitated by Martoo in accordance with the Terms.
Martoo will not be liable to a User or any other person for any loss or damage, whether direct or indirect, resulting from termination or change of Martoo or any of the facilities, benefits or arrangements which are made available to a User.
Martoo reserves the right to disqualify a User from further participation in Martoo Points, to cancel all previously accumulated Points and to seek compensation for Points Redeemed if, in Martoo.com sole judgment, that User has engaged in wilful misconduct or breached any of the Terms, including, but not limited to the fraudulent acquisition of Points or acquisition, sale or abuse of Points or acquisition, sale or abuse of redeemed goods or benefits.
EARNING POINTS
A User may Earn Points on Qualifying Transactions, when or after their registration, friends’ referrals.
To Earn Points, the User must register in Martoo.com or Martoo App.
Points may take up to 3 days to be credited to a User’s Account.
Points Earned by a User may only be used by that User in accordance with these Terms once they have been credited to the relevant Account unless if the Points were transferred to another User.
Martoo.com has the right to reduce Earn rates and exclude specific items as required.
REDEEMING POINTS
Users can Redeem Points as an equivalent to cash, with the redemption rate set at 10 points = 1 AED.
The minimum redemption amount is 10 points (equivalent value of 1 AED), then upwards in increments of 0.1 point (equivalent value of 0.01 AED).
Points have no expiry date unless Martoo.com until such time as Martoo.com decides to have an expiry date, at any time, with or without notice at Martoo.com sole discretion.
If there is no Account Earning or Redeeming activity for 24 months then all points will expire.
REDEEMING PART POINTS / PART CASH
Users may Redeem their Points either in full or in part Points / part cash on a Qualifying Transaction.
Users may Redeem their Points either in full or in part Points / part cash on and apply a Discount Coupon on a Qualifying Transaction.
Users will Earn Points based on the non-Points redemption component of the transaction.
Users can select the number of Points to be Redeemed in each transaction through the Martoo App, subject to any Minimum Redemption Amount.
TRANSFERRING POINTS
Martoo may at any time and without prior notice to Users, add, withdraw, limit, modify or cancel any Martoo User. It is the responsibility of the User to verify eligibility to Earn and Redeem Points with Users.
Users can transfer their Points from their Account to their other Users’ accounts.
Martoo Users can receive Points from their account into their Wallet.
The is no Points conversion rate when transferring Martoo points.
Users can transfer out a minimum of 10 Martoo Points, in increments of 10 Point.
RETURNS
Any item purchased which Earned Martoo Points or which was paid for with Points or part Points shall be returnable under Martoo returns policy.
Points will not be Earned on refunded products.
In the event the item purchased Earned Points, the equivalent number of Points will be deducted from the User’s Account when the return transaction has been processed.
If there are insufficient Points in the User’s Account for the deduction of Earned Points from a related refund the User’s Account will be immediately suspended for verification. No further Earning or Redemption transactions will be permissible until the account has been verified by Martoo team.
FAIR USE
Martoo.com reserves the right to suspend, delete or otherwise modify any User’s Account, or the entire Martoo Points Users at any time at its sole discretion, with or without prior notification. This may lead to a forfeiture of all outstanding points, promotions and benefits.
By using Martoo Points, it is assumed that you have read, understood and agreed to Martoo Portal L.L.C. Privacy Policy.
