TERMS & CONDITIONS

 

  1.      In General

The E-Commerce Marketplace Company Ltd (“TEMCO”) owns and operates this Website. This document governs your relationship with TEMCO, hereafter referred to as “Website”. Access to and use of this Website and the products and services available through this website (collectively, the Services) are subject to the following terms, conditions and notices (“Terms of Use”). By using the Services, you consent to all the Terms of Use, as may be updated by us from time to time. You should check this page regularly in order to take notice of any changes made. If you do not agree to the following terms, please do not use this Website.

Access to this Website is allowed temporarily and we reserve the right to withdraw or amend the Services without prior notice. We will not be held liable if this Website is unavailable at any time or for any period of time. We may, at any point of time, restrict access to some parts or this entire Website.

This Website contains links to other websites, which are not operated by TEMCO. TEMCO has no control over the linked sites and does not accept any responsibility for any damage or loss that may result from your use of them. Your use of these linked sites will be governed by the terms and conditions found on each of these sites.

 

  1.      Privacy Policy

TEMCO may use the information and data it obtains relating to you including your IP address, name, mailing address, mail address, phone number and use of the Web Site, for its internal business and marketing purposes, without contacting you beforehand. By using this Website, you consent to the processing described therein and warrant that all information given by you is accurate.

TEMCO will not sell or commercialize or in any manner lease, distribute, rent or otherwise transfer any of your personal data or divulge any information to any third party or unauthorized person(s) without your explicit approval or unless required to do so by law. TEMCO agrees to keep and use the customer’s confidential information for business purposes only. TEMCO further agrees to retain personal information only for lawful and specified purposes and that they shall not be further processed in any manner incompatible with those purposes.

 

  1.      Prohibitions

You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Services; corrupt data; cause annoyance to other users; infringe upon any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; post, list or upload content or items in inappropriate categories or areas on our sites; breach or circumvent any laws, third party rights or our systems, policies, or determinations of your account status; use our Services if you are not able to form legally binding contracts (for example if you are under 18), or are temporarily or indefinitely suspended from using our sites, services, applications or tools; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and TEMCO will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

TEMCO will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

 

 

  1.      Intellectual Property, Software and Content

The intellectual property rights in all software and content made available to you on or through this Website remain the property of TEMCO or its licensors and are protected by copyright laws. All such rights are reserved by TEMCO and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

This Website is protected by copyright. You may not copy, reproduce, republish, store, retransmit, alter, modify, distribute, publicly use, create derivative works from, reverse engineer, disassemble the software and content of this website, unless explicitly authorized by TEMCO.

Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and images of third party products, services and/or locations featured on this Website are in no way associated, linked or affiliated with TEMCO and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to TEMCO.

 

  1.      Terms of Sale

By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.

Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or force majeure for which we will not be responsible.

When buying an item, you accept that you are responsible for reading the full item listing before making a commitment to buy.

In order to contract with TEMCO you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. TEMCO retains the right to refuse any request made by you and to close your user account at its sole discretion. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be TEMCO or may in some cases be a third party. Where a contract is made with a third party TEMCO is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you agree that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.

 

(a)  Our contract

When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between TEMCO and you will be entered once you receive an e-mail confirming that the goods which you ordered have been dispatched to you. Only the goods listed in the confirmation e-mail sent at the time of dispatch will be subject to the contract formed.

(b)  Pricing and Availability

Whilst TEMCO tries and ensures that all details, descriptions and prices which are listed on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.

The Services may contain errors or inaccuracies and may not be complete or updated. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. TEMCO reserves the right to refuse to fill any orders that you may place based on information on the Services that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies.

 

(c)   Payment

There are different payment methods on TEMCO.

Payment by Credit Card:

TEMCO operates a secured method of payment for all credit cards. Once products/services have been selected and the user wishes to check out, the system will prompt for the method of payment. If credit card is selected, the user will be re-directed to the Bank’s page for credit card transactions. At this point in time, TEMCO has no visibility on the details of the card or the details being submitted on the bank’s page. TEMCO only passes on the details of purchase to the bank. The bank in return confirms within seconds if the payment has been accepted or rejected. If payment has been accepted we immediately send the a success information or otherwise a failure of transaction by the bank and invite you to try another card or method of payment. In case of success, we process your invoice and details of your purchase and advise on delivery schedule as agreed by their respective merchants.

Other payment methods:

For payment by bank transfer or cheque, you will receive an email upon clearance of your transfer or cheque by the bank, followed by a confirmation email informing you that the goods have been dispatched. If your transfer or cheque is declined, you will receive an email informing you that no payment has been taken.

(d)  Delivery

TEMCO delivers goods to any destination in the world covered by our shipping partners. For each product featured on TEMCO, you will be informed of the delivery time expected and whether it is currently in stock. TEMCO makes every effort to deliver within the time stated on our website but we will not be liable for any loss caused to you by late delivery. If the goods are not delivered within the required delivery time, please contact us so that we can try to remedy the situation.

 

  1.      Disclaimer of Liability

The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law, TEMCO and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect TEMCO's liability for death or personal injury arising from its negligence or for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under the laws of Mauritius.

 

  1.      User Submissions

TEMCO allows you to create a User account and reserves the right to close an account if any user is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple accounts, or disrupts any of our services in any way.

By posting communications to the Web Site, you automatically grant  TEMCO a 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, and to sublicense such rights through multiple tiers of sublicenses.

As a user, you are responsible for your own communications and are responsible for the consequences of their posting. You must not do the following things: post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the owner; post materials that infringes any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive, hateful or embarrassing to another user or any other person or entity; post a sexually-explicit image; post advertisements or solicitations of business unless authorised to do so by TEMCO; post chain letters or pyramid schemes; or impersonate another person.

TEMCO does not represent or guarantee the truthfulness, accuracy, or reliability of any of communications posted by other users or endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk.

TEMCO does not screen communications in advance and is not responsible for screening or monitoring materials posted by users. If notified by a user of communications which allegedly do not conform to this Agreement, TEMCO may investigate the allegation and determine in good faith and at its sole discretion whether to remove or request the removal of the communications. TEMCO has no liability or responsibility to users for the performance or non-performance of such activities. We reserve the right to expel users and prevent their further access to the Website for violating this Agreement or the law and the right to remove communications which are abusive, illegal or disruptive.

 

  1.      Linking to this Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any website that is not owned by you.

This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. TEMCO reserves the right to withdraw linking permission without notice and can require you to remove the link should we deem it to be inappropriate.

 

  1.      Indemnity

You agree to indemnify, defend and hold harmless TEMCO, its directors, officers, employees, consultants, agents, and affiliates from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of the Terms of Service.

10.    Variation

TEMCO shall have the right in its absolute discretion at any time and without prior notice to modify, remove or amend the Services and/or any page of this Website, including the content and layout.

11.    Invalidy

If any part of the Terms of Service is unenforceable, the enforceability of any other part of the Terms of Service will not be affected and all other clauses will remain in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

12.   Returns and Cancellations

TEMCO will only accept returns if we consider that you have a valid and good reason for returning the product. The expenses of the return must be borne by you. The item must be returned in its original packaging and condition. We reserve the right to refuse any returns or cancellation.

Requests for cancellations of your order will only be entertained if the goods are not yet dispatched.

You will receive an email confirming a refund and detailing the means of repayment in each case, if and when a refund is due.

13.  Complaints and Suggestions

TEMCO operates a complaints handling procedure which we will use, as far as possible, to try to solve issues when they first arise. In this context, please contact us if you have any complaints or suggestions. In the case of suggestions, you accept through your submissions that we may use them without compensating you for them.

14.  Waiver

If you breach these conditions and we take no action, we will still at a later date be entitled to exercise our rights to remedies in other situations where you breach these conditions.

15.  Entire Agreement

These Terms and Conditions constitute the entire agreement of the parties and supersede any and all preceding and simultaneous agreements between you and TEMCO. Any waiver of any provision of the Terms of Service will only be effective if it is in writing and signed by a Director of TEMCO.

16.   Governing Law

The terms and conditions found on the Website shall be governed by the laws of Mauritius and any legal disputes arising from these terms and conditions are to be settled according to the laws of Mauritius.