Last updated: October 2020

Welcome to Makete by Pacificcell Pte Ltd (“Makete”). We provide website features and other products and services to you when you visit or shop at Makete.shop, use Makete products or services, use Makete applications for mobile, or use software provided by Pacificcell Pte Ltd in connection with any of the foregoing (collectively, “Makete Services”). Makete Services are subject to these Terms and Conditions of Use.

We offer a wide range of Makete Services, and sometimes additional terms may apply. When you use a Maketel Service (for example, Your Profile, Makete Video, Your Media Library, Makete devices, or Makete applications) you also will be subject to the guidelines, terms and agreements applicable to that Makete Service (“Service Terms”). If these Terms and Conditions of Use are inconsistent with the Service Terms, those Service Terms will prevail.

YOUR ACCOUNT

You may need your own Makete account to use certain Makete Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Makete does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use Makete Services only with the involvement of a parent or guardian. Parents and guardians may create profiles for teenagers in their Makete Household. Alcohol listings on Makete are intended for adults. You must be at least 18 years of age to purchase alcohol or use any site functionality related to alcohol. Makete reserves the right to refuse service, terminate accounts, terminate your rights to use Makete Services, remove or edit content, or cancel orders in its sole discretion.

LICENSE AND ACCESS

Subject to your compliance with these Terms and Conditions of Use and any Service Terms, and your payment of any applicable fees, Makete or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Makete Services. This license does not include any resale or commercial use of any Makete Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Makete Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms and Conditions of Use or any Service Terms are reserved and retained by Makete or its licensors, suppliers, publishers, rightsholders, or other content providers. No Makete Service, nor any part of any Makete Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Makete. You may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Makete without express written consent. You may not use any meta tags or any other “hidden text” utilising Makete’s name or trade marks without the express written consent of Makete. You may not misuse the Makete Services. You may use the Makete Services only as permitted by law. The licenses granted by Makete terminate if you do not comply with these Terms and Conditions of Use or any Service Terms.

APP PERMISSIONS

When you use apps created by Makete, such as the Makete App, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions.

OTHER BUSINESSES

Parties other than Makete operate stores, provide services or software, or sell product lines through the Makete Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from Makete. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). Makete does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other Terms and Conditions of Use.

PRODUCT DESCRIPTIONS

Makete attempts to be as accurate as possible. However, Makete does not warrant that product descriptions or other content of any Makete Service is accurate, complete, reliable, current, or error-free. If a product offered by Makete itself is not as described, your sole remedy is to return it in unused condition.

PRICING

“Retail Price” means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. We regularly check Retail Prices against prices recently found on Makete and other retailers. Certain products may have a “Was Price” displayed, which is determined using recent price history of the product on Makete.

With respect to items sold by Makete, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalogue may be mispriced. If the correct price of an item sold by Makete is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.

We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.

RISK OF LOSS

All purchases of physical items from Makete are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

RETURNS, REFUNDS AND TITLE

Makete does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Makete does not take title to the refunded item. For more information about our returns and refunds, please see our Returns Policy.

EXPORT

You must comply with all Fiji or other export and re-export restrictions that may apply to goods, software (including Makete Software), technology, and services.

PRIVACY

Please review our Privacy Policy, which also governs your use of Makete Services, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you use Makete Services, or send emails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Makete Services, such as our Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included in or made available through any Makete Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Makete or its content suppliers and protected by Fiji and international copyright laws. The compilation of all content included in or made available through any Makete Service is the exclusive property of Makete and protected by Fiji and international copyright laws.

TRADEMARKS

All graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Makete Service are trade marks of Makete in Fiji and other countries. Makete’s trade marks may not be used in connection with any product or service that is not Makete’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Makete. All other trade marks not owned by Makete that appear in any Makete Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Makete.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

You may post reviews, comments, photos, videos, and other content; and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Makete reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Makete a non exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Makete and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Makete for all claims resulting from content you supply. Makete has the right but not the obligation to monitor and edit or remove any activity or content. Makete takes no responsibility and assumes no liability for any content posted by you or any third party.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE MAKETE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MAKETE SERVICES ARE PROVIDED BY MAKETE ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. MAKETE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE MAKETE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MAKETE SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE MAKETE SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY LAW, MAKETE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MAKETE DOES NOT WARRANT THAT THE MAKETE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MAKETE SERVICES, MAKETE’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM MAKETE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, MAKETE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY MAKETE SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY MAKETE SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

DISPUTES

Any dispute or claim relating in any way to your use of any Makete Service, or to any products or services sold or distributed by Makete or through Makete.shop will be resolved by the parties in good faith by Mediation.

If the dispute is not resolved within twenty-one (21) working days from the date the dispute was advised in writing, then the dispute shall be referred to arbitration in accordance with relevant Arbitration laws in Fiji.

APPLICABLE LAW

By using any Makete Service, you agree that the laws of Fiji, without regard to principles of conflict of laws, will govern these Terms and Conditions of Use and any dispute of any sort that might arise between you and Makete.

SEVERABILITY

Please review our other policies, posted on this site. These policies also govern your use of Makete Services. We reserve the right to make changes to our site, policies, Service Terms, and these Terms and Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

ADDITIONAL SOFTWARE TERMS

The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with Makete Services (the “Makete Software”).

  1. Use of the Makete Software. You may use Makete Software solely for purposes of enabling you to use the Makete Services as provided by Makete, and as permitted by these Terms and Conditions of Use and any Service Terms. You may not incorporate any portion of the Makete Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the Makete Software in whole or in part. All software used in any Makete Service is the property of Makete or its software suppliers and is protected by Fiji and international copyright laws.
  2. Use of Third Party Services. When you use the Makete Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile software provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.
  3. No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the Makete Software, whether in whole or in part.
  4. Updates. We may offer automatic or manual updates to the Makete Software at any time and without notice to you.
  5. Conflicts. In the event of any conflict between these Terms and Conditions of Use and any other Makete or third-party terms applicable to any portion of Makete Software, such as open-source license terms, such other terms will control as to that portion of the Makete Software and to the extent of the conflict.

CONTACT US

You can contact us at support@makete.shop

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