Terms and Conditions
The following are the terms and conditions of use of MK Fulfillment LLC website. Please read these terms and conditions carefully before you use the MK Fulfillment LLC website.
By using the MK Fulfillment LLC website, you indicate that you accept these terms and conditions. If you do not accept these terms and conditions, you must not use the MK Fulfillment LLC website.
1. Parties
This Agreement is made between you, the customer (“Customer”), and MK Fulfillment LLC.
In this Agreement, unless the context otherwise requires: “Internet”
means the global data network comprising interconnected networks using the TCP/IP (“Transmission Control Protocol/Internet Protocol”); “Law” means any law, statute or regulation, guideline or code of conduct (whether or not having the force of law) in any jurisdiction to which MK Fulfillment LLC or the Customer is from time to time subject; “Save-a-Search” means the service that the Customer may register to receive on the MK Fulfillment LLC website, which is designed to enable the Customer to, amongst other things, save the searches that the Customer conducts through the site; “Service means the service provided by MK Fulfillment LLC via the MK Fulfillment LLC website whereby the Customer may obtain impartial information on the Suppliers and the services and products they offer and, potentially transact with the Suppliers for the provision of those services and/or products; “Software” means any proprietary software utilized by MK Fulfillment LLC to enable the Customer to use the Service; “Supplier”
means any supplier of services, products and/or goods selected by MK Fulfillment LLC from time to time and who is listed on the MK Fulfillment LLC website.
MK Fulfillment LLC reserves the right to amend these terms and conditions at any time. All amendments to these terms will be posted online. The Customer may terminate the Agreement by written notice to MK Fulfillment LLC if the Customer does not wish to be bound by such new terms and conditions. Continued use of the Service or the MK Fulfillment LLC website will be deemed to constitute acceptance of the new terms and conditions.
2. Provision of the Service
Use of the Services, the MK Fulfillment LLC website are subject to the terms and conditions set out in this Agreement.
The Service is made available to Customers solely to communicate information and to permit the Customer to obtain quotations from Suppliers or transact with Suppliers. MK Fulfillment LLC will not be party to any such transactions with Suppliers and all such transactions are subject to the terms and conditions of the relevant Supplier, and MK Fulfillment LLC shall in no circumstances have any liability whatsoever in respect of any such transaction. MK Fulfillment LLC will not be responsible for any loss, cost, or damage incurred by Customers arising out of or in relation to the transaction or attempt to enter into a transaction (including but not limited to failure to transmit or deliver any services, products, or goods).
The Customer acknowledges that where relevant MK Fulfillment LLC may pass his or her details to Suppliers or potential suppliers for the purpose of attracting offers to supply services from such Suppliers or potential suppliers. MK Fulfillment LLC will obtain the Customer's consent prior to sending such details to Suppliers or potential suppliers.
MK Fulfillment LLC does not warrant and excludes all liability in respect of the accuracy, completeness, fitness for purpose, or legality of any information accessed using the Services on or accessed via the MK Fulfillment LLC website or otherwise sent to the Customer, and the Customer agrees that the sole responsibility for the accuracy, completeness, fitness for purpose, or legality of information relating to Supplier's information, goods, or services shall rest with the Supplier.
MK Fulfillment LLC will use all reasonable endeavors to ensure that the information relating to Suppliers' services and the cost of such services is updated regularly. However, the Customer acknowledges that the prices are not updated every day and that it is the Customer's responsibility to verify prices with the Supplier.
MK Fulfillment LLC does not guarantee to provide the Service free of faults. In the event of a fault in the Service, the Customer should report it by telephone on the support number provided to the Customer.
MK Fulfillment LLC does not warrant that the Customer's use of the Service will be uninterrupted and does not warrant that any messages or information transmitted via the Service will be transmitted accurately, reliably, in a timely manner, or at all. MK Fulfillment LLC reserves the right to make the Service unavailable at any time, or to restrict access to parts or all of it without notice.
MK Fulfillment LLC may at any time withdraw any Supplier (or any product or service of a Supplier) from the Service.
Without limitation, the Customer undertakes not to use or permit anyone else to use the Services or MK Fulfillment LLC website:
to send or receive any material which is grossly offensive, of an indecent, obscene, or menacing character, blasphemous or defamatory of any person, in contempt of court or in breach of confidence, copyright, rights of personality, publicity or privacy or any other third party rights; to cause annoyance, inconvenience, or needless anxiety; to intercept or attempt to intercept any communications transmitted by way of a telecommunications system; other than in conformance with accepted Internet practices and practices of any connected networks; or in any way which is calculated to incite hatred against any ethnic, religious or any other minority or is otherwise calculated to adversely affect any individual, group, or entity.
If the Customer uses (or anyone other than the Customer, with the Customer's permission uses) the Service in contravention of this Agreement, MK Fulfillment LLC may suspend the Customer's use of the Services.
If MK Fulfillment LLC suspends the Services, it may refuse to restore the Services until it receives an assurance from the Customer, in a form deemed acceptable by MK Fulfillment LLC that there will be no further breach of the provisions of this Agreement.
MK Fulfillment LLC reserves the right to block access to and/or to edit or remove any material which in its reasonable opinion may give rise to a breach of Clause 2.
The Customer grants MK Fulfillment LLC a royalty-free, perpetual, irrevocable, non-exclusive right to use, copy, modify, adapt, translate, publish, and distribute worldwide any material transmitted by the Customer via the Services, save where such message is transmitted by way of private correspondence.
Title, ownership rights, and intellectual property rights in and to the content accessed using the Services is the property of the applicable content owner or Supplier and may be protected by applicable copyright or other law. The Agreement gives the Customer no rights to such content.
The following uses of the Services are expressly prohibited:
resale of the Services and/or the Supplier's services, products, and/or goods without the prior written consent of MK Fulfillment LLC or the relevant Supplier; furnishing false data including but not limited to false names, addresses, and contact details and fraudulent use of credit/debit card numbers; attempting to circumvent MK Fulfillment LLC's security or network (“cracking”) including, but not limited to, accessing data not intended for the Customer, logging into a server or account the Customer is not expressly authorized to access, or probing the security of other networks (such as running a SATAN scan or similar tool); executing any form of network monitoring which will intercept data not intended for the Customer; sending unsolicited mail messages, including the sending of “junk mail”; or other advertising material to individuals who did not specifically request