This License Agreement (“Agreement”) is a legal agreement between you (“User” or “You”) and On-Mart Bay (“We,” “Us,” or “Our”), governing your use of our website, mobile application, and related services (collectively, “Services”). By accessing or using our Services, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, you must not use our Services.
1. Grant of License
Subject to your compliance with the terms and conditions of this Agreement, On-Mart Bay grants you a limited, non-exclusive, non-transferable, and revocable license to access and use our Services for your personal or business use. This license does not grant you any rights to copy, modify, distribute, or create derivative works of our Services, except as expressly permitted by us.
2. Restrictions on Use
You agree not to use our Services for any unlawful or prohibited purpose. You may not attempt to gain unauthorized access to any part of our Services, other accounts, computer systems, or networks connected to our Services through hacking, password mining, or any other means. You may not interfere with the proper working of our Services or use any device, software, or routine to bypass our security measures.
3. Ownership and Intellectual Property
All content, software, and technology provided through our Services, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, and software, are the property of On-Mart Bay or its licensors and are protected by applicable intellectual property laws. Your use of our Services does not grant you any ownership rights in any of our content, software, or technology.
4. User-Generated Content
By submitting any content (including but not limited to text, images, videos, or audio) to our Services, you grant On-Mart Bay a worldwide, non-exclusive, royalty-free, transferable, and sublicensable license to use, reproduce, modify, distribute, display, and perform such content in connection with our Services. You represent and warrant that you have all necessary rights to grant this license and that your content does not infringe the rights of any third party.
5. Termination
On-Mart Bay reserves the right to terminate or suspend your license to use our Services at any time, with or without cause, and with or without notice. Upon termination, you must immediately cease all use of our Services and destroy any copies of our content or software in your possession.
6. Disclaimer of Warranties
Our Services are provided on an “as-is” and “as-available” basis, without any warranties of any kind, either express or implied. On-Mart Bay does not warrant that our Services will be uninterrupted, error-free, or free of viruses or other harmful components. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
7. Limitation of Liability
To the fullest extent permitted by law, On-Mart Bay shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of our Services, even if we have been advised of the possibility of such damages. Our total liability to you for any claims arising from your use of our Services shall not exceed the amount you paid, if any, to access our Services.
8. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the Republic of Zambia, without regard to its conflict of law principles. Any disputes arising out of or relating to this Agreement shall be resolved in the courts of the Republic of Zambia.
9. Changes to this Agreement
On-Mart Bay reserves the right to modify this Agreement at any time. We will notify you of any significant changes to this Agreement by posting the revised Agreement on our website. Your continued use of our Services after any such changes constitutes your acceptance of the new terms.
10. Contact Information
If you have any questions or concerns about this Agreement, please contact us at [email protected].
By using our Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this License Agreement.