Please read carefully the Terms & Conditions. By using this website you acknowledge that you are bound by these Terms & Conditions and all applicable terms thereto. Should you disagree with these terms, please refrain from using this website.
Inasmuch as this document is drafted in the plural, it should be construed in the singular, and vice versa.
- Applicability –
The following Terms & Conditions (hereinafter: Terms & Conditions) apply solely when you use the following Skymartbw (Pty) Ltd. (hereinafter: ShopnShip with Skymart) websites, applications and online services (hereinafter: the Websites). Skymartbw (Pty) Ltd. is a corporation incorporated under the laws of the Republic of Botswana, the main place of business of which is located at Plot 35787, Gaborone, Botswana and at its website, shopnship.skymartbw.com. These Terms do not whatsoever amend or nullify any condition or contract into which you have already entered with ShopnShip with Skymart for the provision of products and/or services. Should you be using this website for any other entity, you hereby declare and confirm that you are eligible to accept these Terms & Conditions and to agree thereto in respect to this entity and that this entity agrees to compensate you and ShopnShip with Skymart Inc. for violations of the Terms & Conditions.
- Definitions –
Personal Import Services or Services: Shipping Services herein that ShopnShip with Skymart enables its customers to purchase.
- Product: any item offered on sale on Websites, including but not limited to appliances, clothing, footwear, toys, accessories, CDs, DVDs, etc.
- Website: shopship.skymartbw.com
- Notification of unilateral amendment of Terms & Conditions –
- ShopnShip with Skymartreserves itself the right to change and/or amend the Terms & Conditions appearing on the Website and/or any and all Website policies and instructions, at its convenience and at its sole discretion. ShopnShip with Skymart undertakes to inform you once Terms & Conditions are changed via email or by publicizing the new/amended on the Website and putting up a notice on these changes on the Website.
- Any change or amendment will come into effect immediately once the change/amendment is publicized on the Website, and will apply to all Websites and actions or failures taking place after the change/amendment had come into force.
- You hereby waive any demand for receiving a personal message on any such change or amendment.
- Your continuing to use the Websites following the publication of changes or amendments confirms your agreement to such changes or amendments.
- You are therefore required to periodically acquaint yourself with the Terms & Conditions to understand and become aware of the Terms & Conditions applying to you.
- Should you disagree to the new/amended Terms & Conditions you will be disbarred from further use of the Website and must refrain from such use.
Please contact [email protected] should you have any question on the use of the Websites.
- Terms of Sale (Direct Sales)–
- The purchasing of products via this Website is divided into two (2) categories:
- Goods purchased via this Website from third-party websites, meaning websites not run by ShopnShip with Skymart, yet ShopnShip with Skymart is responsible for the allocation of a domain country shipping address. Such a purchase is termed Personal Import Services. The terms applying to Personal Import Services.
- Sale of products ordered from manufacturers and third-party. Such sales are termed Direct Sales.
- All Direct Sales by the Websites are performed by the owner and director of ShopnShip with Skymart. The Terms & Conditions herein apply to all purchases from Skymartbw (Pty) Ltd., unless there exists a separate written agreement between yourself and ShopnShip with Skymartwhich goes beyond some or all of the Terms & Conditions.
- The Terms & Conditions herein are subject to change without prior written announcement at any time and at the sole discretion of ShopnShip with Skymart. By ordering products from the Websites you hereby accepts and agree to the Terms & Conditions.
- Apart from the written contents of the separate agreement existing between yourself and ShopnShip with Skymart, the Terms & Conditions herein cannot be changed and/or amended by the use of other documents. In addition, any purchased is conditioned on your agreement to the Terms & Conditions.
- Opening an account: When you first purchase through ShopnShip with Skymartyou will be requested to open an account. You are responsible for keeping your username and password and accept full responsibility for any activity on your account. Should you misplace and/or forget your username and/or password, you can generate a new password on the Website, or contact [email protected] to have the required information emailed to you.
- Ordering products: any ordering of products cannot be cancelled and is subject to the confirmation of ShopnShip with Skymart. ShopnShip with Skymartreserves itself the right to reject and/or limit the amount of items purchased within any order. Your order will not be deemed final until ShopnShip with Skymart has shipped the product ordered, notwithstanding any order confirmation you have received from ShopnShip with Skymart. Your order constitutes full agreement with the Terms & Conditions herein. Should you disagree with the Terms & Conditions herein you should refrain from placing orders.
- Shipping terms and policy:
- The initial cost of shipping, excluding discounts and special offers, is 35USD. Information on shipping costs is available using the shipping calculator. The logistics services pricelist likewise appears on the Website as well.
- We make every effort to execute orders from in-stock products within 2 working days.
- Our working hours are 9:00AM – 5:00PM (GMT+2), Monday through Friday.
- Shipping is provided by established shipping companies, in accordance with the selection of the customers upon placing their orders, up to 2 working days from their receipt at the logistics center.
- We reserve the right to change and/or substitute the shipping company selected with another company charging identical rates. Should an urgent shipment be required, please notify us of this urgency using the Contact Usform.
- Every order is shipped from the FOB Shipping Point.
- Ownership of the products is transferred during shipping; ShopnShip with Skymartcannot be held responsible for delays or problems starting the moment a product has been dispatched.
- Any damage and/or loss during shipping is covered by insurance purchased by ShopnShip with Skymartfor its customers, weather the customer choose to purchase it during the payment process.
- Terms & Conditions for Shopping Assistant:
- The Shopping Assistantis used to purchase a specific product associated with a link entered onto the system by a customer. Selection of products is the sole responsibility of the customer.
- The customer is responsible for checking the compatibility of the product with the power supply in the country of destination. When purchasing clothing and footwear, please ensure compatibility of sizes and colors.
- Prior to ordering, you are required to check whether the importing of the product is conditioned on the obtaining of import certificates. For further information, please consult the Tax Estimate service (reached from any product page) or the calculators provided by the Website at shopship.skymartbw.com. Taxes displayed on the Website are for evaluation purposes only and do not bind ShopnShip with Skymart whatsoever. Should orders be taxed, payment for such taxes is the sole responsibility of the customer and should be exclusively handled with the shipping company. ShopnShip with Skymartwill not be a party to any such matter.
- ShopnShip with Skymartis not responsible to the quality of the product nor is liable to the terms of guarantee applying thereto.
- Payment includes product price and internal shipping cost, New Jersey local tax, insurance (if selected by the customer when ordering), handling fees, the cost of shipping to the country of destination, and delivery to the customer’s doorstep.
- Final cost of this service is determined on the basis of data taken from 3rd party retailers. Should product prices on 3rd party retailerschange without our knowing it, the final cost of your order may vary.
- Should ordering of items be impossible due to their being out of stock on 3rd party retailersor price, color, or any other incompatibility, we will contact the customer via email and provide an update on the continuation of the transaction.
- Doorstep delivery is subject to availability on 3rd party retailersand on the duration of shipping to the country of destination, per the shipping method selected by the customer.
- Items purchased through this service can be cancelled/returned in line with the ShopnShip with SkymartCancellation Policy.
- Cancellation Policy:
- Any Shopping Assistant order can be cancelled up to one working day from the time of payment by contacting in writing our customer service. Cancellation of order once one working day has elapsed since payment will be subject to payment of BWP50 ~ 5USD and the cost of returning the items to the supplier. Once an order has been received at the logistics center, cancellation thereof will be subject to the Return Policy.
- ?Return Policy:
- Any Shopping Assistant order can be returned by means of a written request sent to the customer service via the Contact Usform, and up to two working days after an order has arrived at the country of destination. Returning is possible only should the item be unused and in its original package.
- Returning will be independently handled by the customer and be liable to the cost of shipping the items back, as per the rates of the shipping company selected, plus BWP100 ~10USD handling fee.
- ShopnShip with Skymartdoes not provide shipping to the U.S.
- Confirmation of return will be issued by suppliers in line with their own return policies.
- Monetary return for items returned to suppliers will be provided for the cost of the items alone and in line with the return policies of the suppliers.
- Packages sent by third parties via the Personal Import service, to the supplier or to third party in the respective receiving country, can be return to the ShopnShip with Skymartlogistics centers in Botswana, UK and South Africa. This service is liable to handling fees starting at BWP100~10USD. Final rates will be determined per the cost of shipping as charged by the American shipping company ShopnShip with Skymart engages.
- Product availability and pricing:ShopnShip with Skymart and its providers constantly upgrade and make changes to their line of products and services, so as to provide customers with the latest products and services. ShopnShip with Skymart is entitled to change and/or discontinue the sale of products and/or services without prior notice to customers. Products may also become unavailable after orders have been placed.
The price of any product and/or service can change without any prior notice.
- Product description, pricing, errors:
- ShopnShip with Skymartmakes every effort to be accurate and to remove any error appearing on the Websites.
- However, ShopnShip with Skymartdoes not presume to state that descriptions, images, prices, and other Websites contents are error-proof.
- In addition, product sizes and weights constitute an estimate only. Should a product offered by ShopnShip with Skymartbe incompatible with its Website description, customers can only return it in line with our Return Policy. Should an error occur on either the Websites or in the order confirmation and processing, we reserve ourselves the right to amend the error and charge the correct price, or cancel the order. Should such an error occur, the customers could only cancel the order.
- Whom do we sell to? ShopnShip with Skymartsells products only to adults aged 18 and older. If you are under 18 years of age you may use our Websites together with a parent or a guardian. ShopnShip with Skymart reserves itself the right to refuse service to and to revoke accounts and orders of customers found to be under 18 years of age, at its sole discretion.
- Guarantee: products sold directly come with original guarantees issued by suppliers and/or manufacturers. ShopnShip with Skymartdoes not provide any guarantee for products or any representations thereto. In regards to ShopnShip with Skymart, products are sold As Is and customers agree to address any request/demand concerning guarantees to suppliers/manufacturers only. ShopnShip with Skymart is not responsible, directly or indirectly. This means that ShopnShip with Skymartis not responsible whatsoever to merchantability, compatibility, ownership, security, etc., or any other data on this Website that is incompatible with customer expectations or needs.
- Limitation of liability: ShopnShip with Skymartis not responsible for profit, business and any other losses, particular or otherwise, or any damage, or any third-party suits, save suits filed in accordance with the Terms & Conditions herein. Inasmuch as the law permits, ShopnShip with Skymart liability will be limited to the price paid for the product for which the lawsuit had been filed.
- Means of payment: As of present, ShopnShip with Skymartaccepts the following international credit cards: MasterCard, VISA, and American Express. Payments are possible via PayPal. ShopnShip with Skymart does not take Diners Club, cash, COD, or personal checks. Payment to ShopnShip with Skymart is performed in Botswana Pula or U.S. dollars. These terms of payment are subject to change and/or amendment at any time and at the sole discretion of ShopnShip with Skymart. The following terms apply should the price displayed on the Website be incorrect: Should the correct price be lower than the Website price, then the lower price applies and you will be charged accordingly. Should the correct price be higher than the Website price, we will then, at our sole discretion, contact you via email to update you on the next step of the transaction, or cancel your order, giving you notice via email. ShopnShip with Skymart is not responsible for errors in charging unless customers report such errors no later than sixty (60) days following purchase.
- Insurance: in accordance with laws of the Republic of Botswana.
- Loss of packages by shipping companies: in accordance with laws of the Republic of Botswana.
- Personal Import Service –
- Your account: When shipping via ShopnShip with Skymart, you will be asked to open an account as part of the purchasing process. You are responsible for the safety of your username and password and hold full responsibility for any activity taking place in your account. Should you misplace and/or forget your username and/or password, a new one can be generated on the Website; alternately, write to [email protected], and we will provide the necessary data by email.
- Skymartbw (Pty) Ltd: ShopnShip with Skymartwill provide you with a country address, to which all orders you place will be sent.
- Receipt and shipping services: You will be provided shipping services that include packing, storage, and shipment to your country of destination, by ShopnShip with Skymart.
- Charging: As a user of the Personal Import service, you hereby confirm that ShopnShip with Skymartis allowed to charge your credit card for these services. To see the latest rates for these services, click here.
- Taxes, customs fees, VAT:ShopnShip with Skymart in responsible neither to taxes, customs fees, VAT, and/or to any other charges levied on orders by destination country tax authorities. Customers hold full responsibility to these charges and are requested to act according to the instructions of destination country tax authorities regarding tax deficits, fines, import permits, customs storage fees, handling fees, etc.
- Shipping rates calculation:shipping rates are calculated based on product physical weight or volume, the higher of the two. Volume is the sum of multiplying package length by package width and height (cm), then divided by 5000.
- Insurance: ShopnShip with Skymartdoes not insure your shipments. You are allowed to purchase insurance for your orders.
Items valued up to BWP1000~100USD are automatically insured by ShopnShip with Skymart at no further cost. For items valued between BWP1000~100USD and 2,500USD, the insurance rate applying amounts to 3% of the total cost of the product, plus the cost of domestic shipping, taxes and handling fees in the US (starting first dollar). A special insurance rate is possible for packages valued more than 2,500USD, and should be agreed upon beforehand. Charging your insurance costs will be done through the system according to customer request, at the time of payment for the shipment. We are not responsible for package contents, that is to say, should all items come from the supplier. Customer Policyholder’s participation in the event of claiming insurance is BWP500~50USD. To activate insurance for packages, please contact us in writing up to 24 hours from receiving the package, while no use of the product has been made and all instructions specified herein, click here.
ShopnShip with Skymart is not responsible for non-insured or not-sufficiently-insured packages.
- Insurance coverage: insurance coverage comes into effect immediately upon payment of insurance for packages held at our logistics center, expiring once packages have been delivered to customers and confirmations of delivery have been signed.
- Activation of insurance policy:
- Contact our customer service in writing up to one working day following receipt of the package.
- Upon delivery, search the item and packaging for damages.
- Then, take photos of the package and of the damaged item.
- Prepare the necessary documents: the shipping company’s shipping certificate, purchase invoice and photos, attached them to your written claim, and send everything to our customer service.
- For activation of insurance, a BWP500~50USD Policyholder’s participation fee applies.
- We will transfer to you the full amount of compensation paid to us by the insurance company. In the event that insurance had not been paid for, no insurance claim for the damaged package is possible.
- Maximal insurance claim handling time is 21 working days counting from provision of all required documents by customer.
- The insurance policy does not cover the following items: Antiques, second-hand and renovated items, frozen products, arms and ammunition, porcelain, ceramics and glassware.
- Loss of packages by shipping companies: Should a package not be delivered to the customer by the shipping company, and following a reasonable period in which attempts have been made by the said company to retrieve the package, a loss claim will be filed. Maximal loss claim handling time is 21 working days counting from provision of all required documents by customer.
- Limitation of liability: ShopnShip with Skymartis not responsible for damage to your package, except in cases of malice or negligence on the part of ShopnShip with Skymart. Under no circumstances should ShopnShip with Skymart Inc., its managers, directors and employees (together and separately) be held liable to any damage, whether particular and/or general, indirect and/or minor arising from the use of the Personal Import service. Should a court determine a particular segment of this article to be unenforceable, the extent of liability will be determined as and limited to the lowest sum allowed by law.
- Packages not paid for:
- Items not paid for will be stored for up to 30 days in the logistics center. When requesting dispatching to country of destination or returning to supplier, customers will be required to pay for storage.
- Packages left at the logistics center more than 90 days will be deemed deserted and unrequired and will be destroyed.
- Packages left at the logistics center more than 90 days will be removed from the customer account.
- Terms of payment:
Means of payment: As of present, ShopnShip with Skymartaccepts the following international credit cards: MasterCard, VISA, and American Express. Payments are possible via PayPal. ShopnShip with Skymart does not take Diners Club, cash, COD, wire transfers or personal checks. Payment to ShopnShip with Skymart is performed in Botswana Pula or U.S. dollars. These terms of payment are subject to change and/or amendment at any time and at the sole discretion of ShopnShip with Skymart. The following terms apply should the price displayed on the Website be incorrect: Should the correct price be lower than the Website price, then the lower price applies and you will be charged accordingly. Should the correct price be higher than the Website price, we will then, at our sole discretion, contact you via email to update you on the next step of the transaction, or cancel your order, giving you notice via email. ShopnShip with Skymart is not responsible for errors in charging unless customers report such errors no later than sixty (60) days following purchase.
- SLA for answering emails:customer service will respond to emails during working hours and days. Response to emails will arrive within up to two working days, excluding periods of excessively heavy workload at the customer service department. In such periods, email response time may be extended indeterminately.
- Mobile services and contact details –
It is possible that this Website provides certain services available via your mobile device (hereinafter: Mobile Services), such as the capability to download content onto your mobile device, or to request order and shipment updates to your mobile device.
It should be stressed that, whether purchasing using Direct Sale or the Personal Import service, you are required to provide your mobile phone number. You are also required to provide your mobile phone number when providing contact details. By using Mobile Services or by providing your mobile number as part of your contact details, you agree to our contacting you using SMS and MMS and that certain details on your use of Mobile Services be transferred to us.
- Copyright –
- Unless otherwise stated on the Websites, the content and any other materials appearing on the Website, including, but not limited to, the Skymartbw, ShopnShip with Skymartlogo – images, information, software, music, files, etc. – belong to and are owned by ShopnShip with Skymart or its franchisees or its users and are protected by Republic of Botswana and International Law.
- You are granted limited permission to access and use the Websites and print, electronically or in hard-copy form, Website materials for the purpose of collection information and for personal purposes, subject to this being done for non-commercial needs. This limited permission is subject to the Terms & Conditions herein and excludes the following:
- i.Any reselling or commercial use of the Website or of the content thereof.
- ii.Collection and use of product lists, images and descriptions.
- iii.Distribution or publication of Website contents, amendments to the Website and to Website contents, in part or in whole.
- iv.The use of data mining, robots, or other ways of collecting information.
- v.Downloading Website sections or materials or any Website information, unless this is specifically permitted.
- vi.Any use of the Websites or the contents thereof for unintended purposes.
- Any use of the Website or of the contents thereof not complying with the articles above and not permitted in writing by ShopnShip with Skymartis entirely forbidden and will lead to a revocation of the limited permission granted herein.
- Excessive use of the Website or of the contents thereof also constitutes a violation of further rules, such as copyright, trademark and communications rules, and of regulations issued in accordance thereto.
- Unless otherwise stated, the Terms & Conditions herein cannot be regarded as granting permission to use any copyright, by implication, estoppel, or otherwise. Permission can be revoked at any time.
- Repeat Infringer policy: In accordance with the laws of the Republic of Botswana Copyright Act and other laws applying, ShopnShip with Skymart has formulated a policy permitting it, at its sole discretion, to reject subscriptions and account holders should they be deemed repeat infringers. In addition, ShopnShip with Skymartcan limit access to websites or revoke the accounts of users who had infringed the copyrights of others, even in the event of a first-time infringement.
- Copyright complaints: You are asked to complain to our designated representative, whose name appears below, should you deem the Website to contain infringement of your copyright:
P O Box 600269,
Fax +267 3113800
It should be noted that the information included in your complaint may be transferred to the person you claim had infringed copyright. Your submission of a complaint constitutes an agreement on your part for the said transfer.
Also, please consider that you are responsible for any false representation included in your complaint and will be liable for any damages and attorney fees, whether Our own or those of the person you claimed had infringed copyright, resulting from false representation and the removal or denial of access to any material subsequent to your false representation.
We are entitled to inform our users of copyright infringement, whether by publicizing a general notice on our Website, via email or regular mail to the addresses listed on our files.
- Trademarks –
- The ShopnShip with Skymartname as well as Skymartbw remaining product and services names, logos and jingles that appear or may appear on the Websites are trademarks or registered trademarks of Skymartbw (Pty) Ltd. and cannot be copied or used, in part or in whole, without the written confirmation of Skymartbw (Pty) Ltd. or of the respective owner.
- Meta tags or any other hidden text using the ShopnShip with Skymart name or any other trademark belonging to Skymartbw (Pty) Ltd. without obtaining the written confirmation of Skymartbw (Pty) Ltd.
- In addition, using or copying the format and appearance of the Websites, including Website headlines, phrasing, icons, etc., without obtaining the written confirmation of Skymartbw (Pty) Ltd.
- Any other trademark, whether registered or unregistered, as well as product names or names of companies mentioned on the Websites, belong to their respective owners. While ShopnShip with Skymart mentions or advertises products or services by means of trademarks, the commercial names of manufacturers, or by any other means, it does not in any respect recommend these products or services.
- You have limited, non-exclusive permission to create links to the Websites for non-commercial purposes, inasmuch as these links do not present ShopnShip with Skymartor its products in false or negative light and subject to the website featuring the links not including adults-only or illegal content, nor any other offensive or harassing content.
- This limited permission can be revoked at any time.
- The ShopnShip with Skymartlogo or any other Skymartbw (Pty) Ltd. -owned graphics cannot be used as links to the Websites without the prior written consent of ShopnShip with Skymart.
- In addition, no Skymartbw (Pty) Ltd. trademark, including Website images and graphics and Website textual content and phrasing, can be framed without the prior written consent of ShopnShip with Skymart.
- Excluding everything said herein, you hereby have no permission, by implication, estoppel, or otherwise, to use any patent, trademark or copyright belonging to ShopnShip with Skymart and/or to third parties.
- ShopnShip with Skymartdoes not claim, present or hold any responsibility for the quality, content, substance and credibility or websites accessed by links from ShopnShip with Skymart Websites or from various websites linking to ShopnShip with Skymart Such websites are not controlled by Skymartbw (Pty) Ltd. and Skymartbw (Pty) Ltd. holds no responsibility for the content of such websites nor to any amendment to the content of these websites. ShopnShip with Skymart provides these links solely for ease of use; the inclusion of a particular link does not imply ShopnShip with Skymart endorsement of the website reached by the said link, nor to the content of that website.
- When exiting the Websites, please be advised that you are no longer under obligation to follow the Terms & Conditions.
- Third-Party Content –
- ShopnShip with Skymartis entitled to allow or to provide third-party content on the Websites and to allow or provide links to third-party websites as a service to users interested in such information.
- ShopnShip with Skymartdoes not monitor any third-party content or Websites nor has any control over such content or websites. ShopnShip with Skymart does not recommend nor endorse or any third party content and cannot guarantee anything with regards to the credibility of third-party content.
- ShopnShip with Skymartdoes not represent nor guarantee any information provided within third-party website content and has no responsibility to amend or update third-party content. Users of third-party content do so at their own discretion.
- Third-party products and services –
ShopnShip with Skymart is entitled to allow commercials and/or other third-party content on its Websites, and is allowed to grant access to or provide information on or links to third-party products and services. Your contact and communications with third parties and all terms and declarations concerning such contact concern yourself and the third party only. ShopnShip with Skymart is not liable to any damage or loss incurred due to your contact with third parties mentioned in the Websites.
13.User behavior –
By using the websites, you hereby agree to avoid:
- Using the Websites and/or interactive zones in any illegal manner that could damage or overload the Websites.
- Collecting and/or maintaining email addresses of other people and/or other data derived from the Websites and/or interactive zones, whether electronically or otherwise, for the purpose of sending unsolicited emails or communications.
- Using electronic entrance devices or any other device for accessing the Website and/or interactive zones in order to extract data.
- Registering automatic scripts for collecting information.
- Registering under more than one username, opening an account for another individual without having obtained clear consent of that individual, or opening an account for a group or any sort of entity.
- Impersonating any individual or entity and/or misrepresent your age or relevance to a certain person or group.
- Breaking local, state, federal or international laws.
- Soliciting personal information from people aged less than 18, and/or elicit passwords and/or identifying details for commercial or illegal purposes.
- Using or attempting to use accounts of other persons without having obtained written prior consent from ShopnShip with Skymart.
- Attempting to circumvent various content filters we run.
- Attempting to access a service and/or section of the Websites (including interactive zones) that you are not permitted to enter.
- Engaging in harassment, threats, or any behavior that could be considered threatening.
ShopnShip with Skymart is not responsible for the behavior of users on the Websites. ShopnShip with Skymart is also not responsible to any damage or loss incurred from such behavior. While ShopnShip with Skymart is under no obligation to monitor or filter any behavior arising on the Websites or on the interactive zones, it reserves itself the right to transfer, filter or edit, at its sole discretion, any behavior on the Websites, at all times and without prior notice. ShopnShip with Skymart does not authorize or endorse meetings or events publicized by users and recommends that caution be exercised prior to contacting unknown persons.
Any use of the Websites or the interactive zones not consistent with the instructions herein constitutes infringement of the Terms & Conditions and could result, among others, in cancellation or suspension of your rights to use the interactive zones or the Websites.
- Registration and account security –
By using the website, you hereby agree to:
- Provide accurate, up-to-date and complete information about yourself, inasmuch as that information is requested on the Website registration forms (Registration Data).
- Maintain the secrecy of your username and password and not share these data with any alien figure.
- Maintain and update the Registration Data and any other data you have provided ShopnShip with Skymartso that it is accurate, up-to-date and complete.
- Accept all risks connected with unauthorized access to any Registration Data and other data you had provided ShopnShip with Skymart.
- Compensation –
You hereby agree to protect and compensate Skymartbw (Pty) Ltd. and its branches, independent contractors, content providers, consultants, employees, directors and agents, against any lawsuit, damage, costs, expenses, attorney fees, etc., resulting from the publicizing of any user content you had publicized, saved, or transferred through the Websites or the interactive zones. This compensation includes but is not limited to actual and/or potential lawsuits and/or payment demands issued against Skymartbw (Pty) Ltd. and its branches, independent contractors, content providers, consultants, employees, directors and agents, filed due to user content you had publicized, your behavior, infringement of Terms & Conditions or of the copyright of any third party.
- DISCLAIMER –
UNLESS OTHERWISE CLEARLY STATED IN WRITING ABOUT SKYMARTBW (PTY) LTD., THE WEBSITES, WEBSITE MATERIALS INCLUDED IN THE WEBSITES (INCLUDING ALL USER CONTENT), AND ALL SERVICES PROVIDED IN RELATION TO THESE WEBSITES, ARE PROVIDED AS-IS WITHOUT ANY LIABILITY INSURANCE WHATSOEVER. SKYMARTBW (PTY) LTD., ITS AGENTS AND FRANCHISEES HEREBY DISCLAIM ALL LIABILITY INSURANCE, INLCUDING BUT NOT LIMITED TO MERCHANTABILITY LIABILITY, COORDINATION FOR CERTAIN PURPOSES, SECURITY, OWNERSHIP, AVOIDANCE OF INFRINGEMENT OF RIGHTS AND/OR THE CLAIM THAT THIS WEBSITE COMPLIES WITH YOUR EVERY NEED OR EXPECTATION.
UNDER NO CIRCUMSTANCES, EXPRESS OR IMPLICIT, DOES SKYMARTBW (PTY) LTD GUARANTEE OR DECLARE ANY OF THE FOLLOWING:
- USE OF THE WEBSITE OR WEBSITE DELAYS AND LIMITATIONS
- SYSTEM PERFORMANCE AND IMPACT ON SOFTWARE AND HARDWARE RELATED TO THE USE OF THE WEBSITE.
SKYMARTBW (PTY) LTD. WILL BEAR NO RESPONSIBILITY FOR ANY DAMAGE CAUSED BY VIRUSES OR OTHER SOFTWARE CAPABLE OF AMENDING, DELETING, DESTROYING, DAMAGING, ETC.,THAT HAD BEEN TRANSFERRED VIA THE WEBSITE.
IN ADDITION TO WHAT IS MANDATED BY LAW, SKYMARTBW (PTY) LTD. IS NOT RESPONSIBLE FOR LOSSES INCURRED THROUGH THIRD-PARTY MALPRACTICE, ACTIONS OR ERRORS, INLCUDING BUT NOT LIMITED TO YOUR INTERNET PROVIDER.
SKYMARTBW (PTY) LTD. IS NOT RESPONSIBLE FOR THE ONLINE OR OFFLINE BEHAVIOR OF WEBSITE OR SERVICE USERS. YOU BEAR EXCLUSIVE RESPONSIBILITY FOR YOUR INTERACTION WITH OTHERS. REVIEWS OF PRODUCTS AND COMMENTS THEREON ARE MADE AT THE SOLE DISCRETION OF REVIEWING/COMMENTING USERS, AND SKYMARTBW (PTY) LTD. DOES NOT ENDORSE NOR VERIFY THESE REVIEWS OR COMMENTS.
SHOPNSHIP WITH SKYMART INC. IS NOT RESPONSIBLE FOR TYPOS OR PRICING, TEXT, OR IMAGE OMISSIONS.
WHILE SKYMARTBW (PTY) LTD. TRIES TO SECURE ACCESS TO AND USE OF THE WEBSITES, IT CANNOT DECLARE OR ENSURE THAT ITS WEBSITES ARE FREE OF VIRUSES OR OTHER COMPONENTS. YOU ARE THEREFORE REQUESTED TO USE KNOWN SOFTWARE FOR VIRUS DETECTION AND PROTECTION WHEN DOWNLOADING.
SKYMARTBW (PTY) LTD. RESERVES ITSELF THE RIGHT TO CHANGE ANY WEBSITE CONTENT AS WELL AS WEBSITE SERVICES AT ANY TIME, WITHOUT PRIOR NOTICE.
- Limitation of Liability –
Skymartbw (Pty) Ltd. and its directors, members, employees, and agents are not responsible for any direct, special, consequential, indirect, or any other damage, including but not limited to profit or information loss, whether through contract, damage (including but not limited to malpractice), or otherwise arising from the use or inability to use the Websites, services, user content or Website materials included in the Website. These damages include but are not limited to damages resulting from users relying on Website information or from errors, omissions, deletion of files or emails, viruses, various delays, theft, destruction, unauthorized access to software or ShopnShip with Skymart logs. The limit of the ShopnShip with Skymart liability, whether by contract, insurance, damage, or any other claim, cannot exceed your payment to ShopnShip with Skymart for access to or use of the website.
- Applicable Law –
The Terms & Conditions herein and the use of the Website are governed under the laws of the Republic of Botswana, applying to agreements made and intended to be executed in the Republic of Botswana. The UN Convention on the International Sale of Goods will not apply to the sale of products through ShopnShip with Skymart.
- Arbitrage –
- You hereby agree that any dispute arising from or relating to the Terms & Conditions herein and/or the products and/or services rendered herein will be determined exclusively by means of arbitration in Gaborone, Botswana, in front of a single arbitrator, in accordance to the regulations of Republic of Botswna. Should arbitration be conducted in the Botswana. and in accordance with the regulations that are in force on the day of submission of the request for arbitration (hereinafter: the Regulations).
- Regardless of the location of the arbitration, the arbitrator shall apply the laws of the Republic of Botswana. in line with article 18 above; the applying law of the country of destination selected by the customer shall not apply, save in accordance with the manner delineated above.
- A request for arbitration must be received up to one (1) year from the origin of the suit or claim.
- Should the parties disagree as to the identity of the arbitrator within 30 days following the above demand, an arbitrator will be appointed according to the Regulations.
- The arbitration process will be performed entirely in English.
- You are not allowed to accumulate claims or disputes of your own with claims and disputes of other people in respect to arbitration on the Terms & Conditions herein. You hereby waive any right you have in filing class action against Skymartbw (Pty) Ltd its branches and members, in respect to the Terms & Conditions herein.
- The arbitrator will implement the applicable law in accordance with article 20. Any decision by the arbitrator will be written and list the conclusions reached by the arbitrator on the facts and legal conclusions of the arbitrator.
- Arbitrage can be performed via the phone or videoconferencing, at the expense of Skymartbw (Pty) Ltd.
- The decision of the arbitrator will be finite and indisputable, yet subject to judicial critique of the Republic of Botswana. The Republic of Botswana law will apply to any court procedure, as the case may be.
- The content of this article does not prevent the parties from seeking other temporary relief and/or take other measures in any court prior to the commencement of the arbitration procedure, or during this procedure.
- Waiver of jury trial –
Your and Skymartbw (Pty) Ltd. hereby waive the right to hold a jury trial in all matters concerning a dispute on the Terms & Conditions herein, your orders, or any transaction between yourself and Skymartbw (Pty) Ltd.
- Termination –
These Terms & Conditions notwithstanding, Skymartbw (Pty) Ltd reserves itself the right to revoke and terminate your permission to use the Websites and/or to prevent your access to and use of the Websites.
- Severability –
Should any article in the Terms & Conditions herein be deemed illegal, unenforceable or revoked for any reason, it shall be considered severed from the Terms & Conditions herein, will be removed therefrom, and shall have no bearing on the applicability of the remaining articles.
- Notifications –
Notifications in accordance with the Terms & Conditions herein will be written and dispatched by means of:
- Personal courier service
- Integration of the agreement –
The terms & Conditions cannot be changed or amended by the use of other additional documents presented as agreements between the parties. Any attempt to change or amend the Terms & Conditions herein or include an order of products or services subject to additional Terms & Conditions is hereby rendered null and void.
- Force Majeure –
Skymartbw (Pty) Ltd cannot be held responsible for delays and/or failure to ship resulting from Force Majeure, including fires, accidents, floods, rebellions, wars, acts of terror, uprisings, strikes, or any other factor not within the control of Skymartbw (Pty) Ltd.
- Waiver –
Lack of demand by Skymartbw (Pty) Ltd to rigidly enforce any article in the Terms & Conditions herein does not constitute a waiver of its rights or amendments.
- Questions and contact details –