1. INTRODUCTION

FO-MART at this website (www.fo-mart.com) is a platform that provides an opportunity to trade used gadgets at the most reasonable economic standards. FO-MARTdeals with iPhones, Smartphones, Tablets, Laptops, Games, and Gift Cards. The TERMS & CONDITIONS are conditions to use our website and trade in our website. It must be read along with the privacy policy and other relevant disclaimers, notices that FO-MART provides from time to time. By using our website, you assent to THE TERMS & CONDITIONS and are bound by them. It is to be noted that your interaction with our site and availing our services must solely be for personal use. You shall not authorize others to use your user status and must refrain from assigning or transferring your account to other persons/ entities. Upon using our website, you are agreeing to abide by the laws applicable in New Jersey and in the country, province and city from where you are accessing our site.

2. USER AGREEMENT

YOU or ANY PERSON who avails any service through the FO-MART is deemed to have entered into a legally binding agreement with the said Platform. This agreement includes all the enlisted terms, conditions, clauses, and other recitals set-forth under this “TERMS & CONDITIONS” page. For the purpose of this agreement;

• "YOU" or "ANY PERSON" or "USER" or "YOUR "means , any user, any visitor, any client, any person, individual, firm, company, association, syndicate, partnership, joint venture, trustee, trust, corporation, division of a corporation, unincorporated organization or other entity or a government agency or political subdivision thereof who visits, or uses this webpage for any purpose or service;
• "ANY PERSON" who enters into this agreement by ratifying orally or written or through conduct, shall be deemed to be "USER", and "COMPANY" shall be the proprietor of the FO-MART.
• "USER" refers to any person who availsthe services of FO-MART.
• "WE", "US" or "OUR" refers to FO-MART, a website developed and operated by Fo-Mart LLC. a registered company as per the laws of New Jersey.
• "COMPANY" refers to Fo-Mart LLC a registered company as per the laws of New Jersey.
• "GOODS" or "DEVICES" refers to any electronic devices that are offered for sale and not limited only to iPhones, Smartphones, Tablets, Laptops, Games and Gift Cards.

3. ELIGIBILITY

ANY PERSON, who are eligible to enter into a contract as under the Law of Contract of New Jersey and other statutes as mandated, are eligible to enter into this agreement. ANY PERSON, who is categorized as “MINOR” as under the Laws of New Jersey, and have availed any services from this webpage, shall be deemed to have entered this agreement by their legal guardian upon express notification and grant of permission. WE hold no liability towards unauthorized usage of the services rendered by this platform by INELIGIBILE users as per this terms and conditions

By using our website or service, you hereby represent and warrant that you are at least 18 years old and/or otherwise capable of entering into binding contracts and you have not been convicted for any criminal offence.

4. VIOLATION OF TERMS & CONDITIONS

On the instance of getting aware of any violation of terms, FO-MART reserves the right to examine and decide whether the behavior on our site comply with the TERMS & CONDTIONS that are clearly set out. We may take appropriate actionand terminate the user's access from using any features of FO-MART, if the TERMS &CONDITIONS are not complied.

If any legal action or other proceeding is brought for the enforcement of this Agreement, the non-breaching party shall be able to recover from the breaching party its reasonable attorney's fees, court costs and all expenses (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled. In addition, in the event of a violation of this Agreement, it is understood that the Company will suffer significant harm in the event a violation occurs. Consequently, a reasonable approximation of the actual harm incurred has to be provided as damages caused due to violations, in addition to any other remedies otherwise available in law or equity. Furthermore, I agree that in the event of a breach, or threatened breach, by the USER:

• Legal remedies will not be limited to only monetary damages.
• Company will suffer immediate and irreparable harm from any such breach, and
• Company will be entitled to injunctive relief from a court in addition to any legal remedies the Corporation may seek.

Furthermore, you agree that, if you violate any part of this agreement, the company will have the right to recover any portion of the any payment made to you. The parties agree that laws of New Jersey shall apply to the interpretation of this Agreement, and that exclusive venue shall exist with the courts of New Jersey.

5. ACCESSING THE PLATFORM

To the extent permitted by law, the Company shall not be liable for your inability to access our Website/ Website/ Services or Content for reasons like not possessing a compatible computer, mobile phone or other similar device (“Access Device”) or for having downloaded the wrong version of the Website from your Access Device.

6. LICENSE GRANT & RESTRICTIONS

The Company hereby grants you a non-exclusive and non-transferable right to use our Website and Service, solely for your trading purposes, subject to the Terms & Conditions of this Agreement. All rights that are not expressly granted to you are reserved by the Company and its licensors.

It is not permitted for the users to:

• License, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the FO-MART Website or Service in any manner.
• Modify or make derivative works based upon FO-MART Website or Service.
• Frame or Mirror any of FO-MART Website or on any other server, wireless or Internet-based device.
• Reverse engineer the FO-MART Website or Service.
• Access the FO-MART Website in order to
• Build a competitive product or service,
• Build a product using similar ideas, features, functions or graphics of the FO-MART Service or Website, or
• Copy any ideas, features, functions or graphics of the FO-MART Website or Service, or
• Launch an automated program or script including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the FO-MART Website or Service.

Furthermore, you agree that, if you violate any part of this agreement, the company will have the right to recover any portion of the any payment made to you. The parties agree that laws of New Jersey shall apply to the interpretation of this Agreement, and that exclusive venue shall exist with the courts of New Jersey.

7. THIRD-PARTY TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control, nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

8. EXTENT OF LIABILITY

We shall not be liable for any error of judgment or mistake of law or for any loss suffered by the Trust in connection with the performance of this Agreement, except a loss resulting from a breach of fiduciary duty with respect to the receipt of compensation for services or a loss resulting from willful misfeasance, bad faith or gross negligence on the part of us in the performance of its duties or from reckless disregard by it of its obligations and duties under this Agreement.

Except for:

• Infringement or misappropriation of the other party's intellectual property rights, including trade secrets;
• Damages for bodily injury, death, damage to real or tangible personal property; (iii) intentional misconduct OR gross negligence; or
• Any other liability that may not be limited under applicable law (the "Excluded Matters"), in no event will either parties be liable for any loss or unavailability of or damage to data, lost revenue, lost profits, failure to realize expected savings, damage to reputation, business interruption, downtime costs or any indirect, incidental, consequential, special, punitive, exemplary or any similar type of damages arising out of or in any way related to the AGREEMENT, the use or the inability to use the Website, Maintenance or Consulting Services, even if advised of the possibility of such damages.

CUSTOMER ASSUMES ALL RESPONSIBILITY FOR THE USAGE OF SERVICES PROVIDED HEREUNDER TO ACHIEVE CUSTOMER'S INTENDED RESULTS.

9. ASSUMPTION OF LIABILITY

The User shall guarantee that the devices offered are genuine and not stolen, and the user shall assume the liability incase if the devices are found to be stolen.

10. DUTIES OF THE USERS

The users who intend to use the services offered at FO-MART are:

• Solely responsible for backing up those data that are present in their device and we are not responsible or obligated to back up your data.
• Solely responsible for any loss of data.
• Solely responsible to keep their data safe and confidential, we do not deem or treat any such data to be confidential.
• Deemed that they have read and consented to all the policies and disclaimers of FO-MART.
• Solely responsible to offer only genuine goods having good title over them.

11. INTELLECTUAL PROPERTY RIGHTS

We, FO-MART at this website (www.fo-mart.com) reserve the right to all the Intellectual Property Rights. YOU or ANY PERSON using the services from this site, are deemed to have granted a royalty free, worldwide, non-exclusive, licensable, distribute, derive or reproduce any works displayed and shared in connection with the. The Comoany shall have the Intellectual Property Rights over any text, logos, pictures, posters, images, or any content displayed or shared in this website. YOU or ANY PERSON who uses the website shall not in any form or through any means:

• Adapt, use, reproduce, store, distribute, perform, publish, recreate or create any work that is a derivative of the work shared in this website.
• Use any part of the content, information, products or services from this website in- order to commercialize.

These enumerated conditions are subject to the Intellectual Property Laws of New Jersey and the recognized international principles of international Intellectual Property Law.

In-order to commercialize any part of the websites content, the user must obtain an approval prior to any act of commercialization.

These Terms & Conditions and the other policies posted on FO-MART website constitute the entire agreement between FO-MART and you, superseding any prior agreements.

12. PRIOR APPROVAL

YOU or ANY PERSON, who intends to commercialize any part of this website - the FO-MART, or affiliates or intends to perform any economic activity to generate money, shall submit a return request to perform such an action, which is subjected to the prescribed condition by the proprietor.

13. MODIFICATION

We may amend any term of this agreement at any time, and shall be updated and notified in the website at after the amendments; continuation of usage of the website shall be regarded and deemed to have provided the acceptance to such modification.

In-case, if COMPANY wishes to amend or modify any part of the agreement, COMPANY shall write a return request to consider any modification of this part, upon the discretion of USER.

14. SEVERABILITY

Any part, provision, representation or warranty of this Agreement that is prohibited or which is held to be void or unenforceable shall be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof. Any part, provision, representation or warranty of this Agreement which is prohibited or unenforceable or is held to be void or unenforceable in any jurisdiction shall be ineffective, as to such jurisdiction, to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction.

15. INDEMNITY

YOU or ANY PERSON who uses any service from this website - the FO-MART, shall indemnify and defend the members of this webpage and hold us harmless, including all those third-party members, agents, employees, companies, distributors, associates, entities that are associated with this webpage.

16. GRIEVANCE REDRESSAL

YOU or ANY PERSON who uses the services of this webpage, are aggrieved by any actions or with the products or with any relevant matter, shall mail their written grievance to this mail ID: >tech@Fo-Mart.com; Upon failure to respond in 30 (thirty) calendar days for reasons other than technical issues, shall send a notice for mediation as per the procedure mentioned in Article 17.

17. PRE-ARBITRAL MEDIATION PROCEDURE

In accordance with Article 16, any grievance or dispute arising from this contract shall first be mediated hereunder by a mediator mutually agreed upon by and between the parties; the parties agree to split equally the costs of the agreed mediator. The mediation shall take place within sixty (60) days of the date of sale. In the event any matter regarding this contract is litigated, the prevailing party shall be entitled to recover his reasonable attorney's fees expended, plus court costs.

18. ARBITRATION

In accordance with Article 17, If the parties are unable to settle the grievance by mediation, the parties, by mutual consent, may appoint an arbitrator and the arbitrator shall determine the grievance by arbitration. The arbitration will be conducted before a single arbitrator, whose award may not exceed, in form or amount, the relief allowed by the applicable law. The venue for all arbitrations will be in Union County, New Jersey. The arbitration will be conducted according to the American Arbitration Association (AAA) Commercial Arbitration Rules applicable to consumer disputes, and is entered pursuant to the Federal Arbitration Act. The arbitrator will decide all issues of interpretation and application of this arbitration provision and the Terms and Conditions. Judgment may be entered on the arbitrator’s award in any court of competent jurisdiction. This arbitration provision also applies to claims against Fo-Mart’s employees, representatives and affiliates if any such claim arises from the Service.

19. META DATA & COOKIES POLICY

You understand and agree Fo-Mart will collect Meta - Data logs during diagnostic evaluation to improve overall future functionality of diagnostic tool and symptom evaluation in the repair process. The data collected will be used solely by Fo-Mart to enhance and improve this process, may be shared with Fo-Mart affiliates, and will not be distributed further without your consent. Data types that may be collected from your device include: device phone number, device model number, device IMEI, device serial number, downloaded applications & their respective settings and host applications & their respective settings. We use cookies, and other technologies (collectively referred as “cookies”) to facilitate an efficient experience in your browser. We use cookies to analyze your interests and need, and to provide you additional services at this website. Kindly read and understand the COOKIE POLICY set-forth by this webpage.

20. PRIVACY POLICY

Kindly read and understand the PRIVACY POLICY set-forth by this webpage. Click Here

21. DISCLAIMER

It is deemed that you have read and agreed to the DISCLAIMER ser-forth by this webpage.

22. GOVERNING LAW

These terms and conditions are governed by and construed in accordance with the laws of New Jersey and you irrevocably submit to the exclusive jurisdiction of the courts in New Jersey.

23. CONSENT

Kindly read and understand the CONSENT POLICY set-forth by this webpage.

24. CONTACT DETAILS

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:

FO-MART LLC

Contact: +1 (973) 960 8931

Address: Corner Store, 601 Chestnut St, Union, NJ 07083

Email: tech@fo-mart.com