CITY MART HOLDING CO. LTD. a Myanmar company with its head office at Padonmar Stadium (East Wing), Bargayar Street, Sanchaung Township, Yangon, Myanmar, and/or its related company (“CMHL”, “we”, ”our” or “us”) operates the City Partners programme and application, (collectively the “Application”). Each individual or legal entity which registers for, downloads and/or uses the Application (“you” or “your”) agrees with CMHL to be bound by these terms and conditions.
These terms and conditions govern your access and use of the Application and any product, services and other offerings provided via the Application. By registering, downloading and/or using the Application you accept these terms and conditions and provide acknowledgment that you understand and agree with these terms and conditions and any additional terms, conditions, policies and guidelines described in/via the Application and/or notified to you by CMHL from time to time. Please carefully read all sections of these terms and conditions before continuing. If you do not agree to the terms and conditions you should not proceed.
1. GENERAL PURPOSE OF APPLICATION
The Application provides you with the opportunity to obtain and register information, purchase products and avail of services provided by CMHL and/or third parties. Any transaction made via the Application, regardless of type, will be legally binding on you once the transaction has been accepted by CMHL.
2. THE USE OF THE APPLICATION
As a natural person, you warrant that you are of legal age and as a Company you warrant that you are properly incorporated and existing under law. You further warrant that you have the necessary authority to enter into a binding agreement with CMHL in accordance with these terms and conditions. You also warrant that all information provided by you or any person/entity acting on your behalf is accurate and truthful.
You confirm that you will: (a) not breach these terms and conditions or applicable laws, rules or regulations; (b) not use the Application in any illegal manner; (c) not re-use, post, transfer, re-sell, copy, or download any of the contents of the Application, whether or not protected through copyright without our written authorisation to do so; (d) not attempt unauthorized access of the Application or use any account other than your registered account; (e) not provide speculative, fraudulent, or false information; (f) only provide correct information; (g) not use the Application for reasons which do not conform with the stated purpose of this Application.
CMHL reserves the right to restrict or cancel your access to the Application in its absolute discretion and to take action against you or any person acting on your behalf if you misuse the Application, breach these terms and conditions or engage in any activity which infringes our copyright, or is of an illegal or illicit nature. If CMHL takes such action, to the maximum extend permitted by law, you will have no right to claim or recover from CMHL. You are liable to pay all charges, duties, taxes, and other costs arising your use of the Application, including where applicable to CMHL.
3. INFORMATION AND PRIVACY POLICY
By registering, downloading and using the Application, you consent to the collection, transfer, processing and storage of the information you provide and that we collect from you. Rest assured that CMHL’s actions concerning your personal information will always be pursuant to CMHL’s Privacy Policy, which is expressly incorporated herein and which by registering, downloading and/ or using the Application, you have read, understood and accept.
5. INTELLECTUAL PROPERTY
Other than exceptions which may be referenced in the Application all the content of the Application is the property of CMHL or a referenced third party, or is licensed and/or used with permission by CMHL including, but not limited to, all marks, logos, trade names, text, data, documents, messages, pictures, images, video, audio, graphics, links, or other electronic files (collectively, “Application Content”). No license to or right in any such Application Content is granted to or conferred upon you other than for use of the Application as set out in these terms and conditions. All and any intellectual property is protected by the copyright laws and you must not copy, publish, download, promote, or use any of the Application Consent without proper prior written authorization from CMHL.
The Application may include third party logos, trademarks, and other proprietary designation. Their availability should not be considered as an endorsement of such third parties. The presence of any third party material on the Application does not imply that CMHL has copyright ownership of such material.
6. DISCLAIMER
Your use of the Application is at your own risk. CMHL make no express or implied warranties, representations or endorsements whatsoever with respect to the Application or any products or services offered through the Application. CMHL expressly disclaims all warranties of any kind (express, implied, statutory, or otherwise), including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. CMHL does not warrant that the functions or content on the Application will be error-free, free of viruses or other harmful elements, or secure. CMHL is not liable for any damage to your computer or systems as a result of use of the Application or any third-party behaviour. The Application, including any products and services provided through the Application, are provided on an “as is” and “as available” basis. In no event will CMHL, or any of its officers, directors, employees, related companies, be liable for any damages whatsoever, including, but not limited to, any direct, indirect, incidental, consequential, special, exemplary, punitive, actual, or other indirect damages, including loss of revenue or income, pain and suffering, emotional distress, or similar damages even if CMHL and its related companies have been advised of the possibility of such claims or damages, arising out of any matters or claims you may raise relating to the application. In no event will the collective liability of CMHL or its officers, directors, employees, or related parties, exceed the greater of USD 100 or the amount you paid to CMHL for the applicable products or services. If any of the limitations contained herein are contrary to applicable law CMHL liability will be limited to the fullest extent allowed under applicable law.
7. INDEMNIFICATION
You agree that you release and indemnify and will defend and protect CMHL its related companies, third parties and any other entity associated with CMHL directly or indirectly, including their representatives, employees, directors, consultants, affiliates, contractors, agents, and attorneys, from and against any and all damages, claims, liabilities, costs, judgments, and causes of actions including any and all related expenses and legal fees, that may result from your use of the Application. If you are using the Application on behalf of a third-party it is your responsibility to inform that third-party of all terms and conditions applicable to the use of the Application.
8. LOCATION
These terms and conditions are governed by the laws of Myanmar and the Courts of Myanmar have exclusive jurisdiction. If you use the Application outside of the Myanmar, you are responsible for following applicable laws and determining, among other things, whether your use of the Application violates any applicable laws. Please note that by using the Application, you agree that personally identifiable information and other non-personal data about you may be transmitted either to or via the Republic of the Union of Myanmar.
9. CHANGES TO TERMS AND CONDITIONS
CMHL reserves the right to revise or update the Application and these terms and conditions as well as any term, condition, policy or guideline relevant to the Application and products and services offered via the Application as it may deem necessary or desirable (which may include issuing additional terms and conditions to those noted herein), at its sole discretion. It is your sole responsibility to review the Application and the terms and conditions from time to time to view any changes to the terms and conditions. CMHL may at any time assign its rights and obligations under these terms and conditions to another party. Please note that your registration and use of the Application are personal to you and you must keep your regulation and account details confidential.