Terms and Conditions
The following terms and conditions govern your use of Minimax’s website and services offered by Minimax including mobile applications, surveys, gift cards, and other promotions together with all information, content, materials and products (including software) included in or available through such programs and services.
By accessing and using Minimax services, you accept and agree to be bound by the terms and provision of this agreement. In addition, when using these particular services, you shall be subject to any posted guidelines or rules applicable to such services. Any participation in this service will constitute acceptance of this agreement. If you do not agree to abide by the above, please do not use this service. If you have any questions or concerns regarding our policies, please contact us at info@minimaxmart.com
1. INCORPORATION OF RELATED TERMS
These Terms & Conditions include by reference Minimax’s Privacy Policy. Additionally, certain Minimax Programs and Services may be governed by additional terms and conditions presented in conjunction with them (“Program and Service Terms”). These Terms & Conditions and Minimax’s Privacy Policy, together with any such Program and Service Terms, constitutes the entire agreement between you and Minimax as it relates to Minimax Programs and Services. These Terms & Conditions, Minimax’s Privacy Policy, and any such Program and Service Terms will all apply equally. In the event of a conflict, the Program and Service Terms will prevail.
2. ACCESS AND USE
The Minimax Programs and Services are for your personal, non-commercial use only. You may use the Minimax Programs and Services only for lawful purposes and in accordance with these Terms & Conditions and any additional applicable Program and Service Terms. Unless, expressly permitted in these Terms & Conditions or the applicable Program and Service Terms, it is prohibited to copy, distribute, publish, transmit, modify, publicly display or perform, create derivative works of or otherwise exploit any part of the Minimax Programs and Services. The Minimax Programs and Services are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights. Minimax reserves all rights not explicitly granted to you.
You acknowledge that you may be required to register, provide certain personal information, prior to being able to access and use certain Minimax Programs and Services. You agree to retain only one account; provide honest, accurate, current and complete information about yourself. You acknowledge and agree that you are responsible for maintaining account confidentiality and all activities under your registered account.
You acknowledge and agree that the Minimax Programs and Services, or some aspects of the Minimax Programs and Services, may change from time to time without notice. These changes are subject to these Terms & Conditions and any applicable Program and Service Terms.
3. SECURITY
You agree not to take any action that might compromise the security of Minimax’s websites or Minimax Programs and Services. Unauthorized attempts to modify, add to or subtract from any information stored on, accessed or collected by Minimax’s websites or any other Minimax Programs and Services, to defeat or circumvent security features, or to utilize Minimax’s websites or any other Minimax Programs and Services for other than their intended purposes are prohibited and may result in criminal prosecution and damages.
4. PRIVACY POLICY
Any information provided by you to Minimax in connection with the Minimax Programs and Services will be managed in accordance with Minimax Privacy Policy. Minimax may utilize third-party service providers in relation to Minimax Programs and Services. By accessing or using the Minimax Programs and Services, you consent to Minimax sharing your information with such third-party service providers as needed for the administration of Minimax Programs and Services.
5. PRICING AND AVAILABILITY
Minimax’s website and other Minimax Programs and Services contain references to and information about Minimax products and services, including but not limited to product descriptions, pricing, promotions, offers, availability and other information. This information is subject to change without notice. Therefore, the availability of Minimax products and services may be limited as a result of individual store participation.
6. ERRORS AND CORRECTIONS
Minimax attempts to be accurate in its description of Minimax products and services. For example this includes but is not limited to product descriptions, pricing, promotions, offers, availability and other information. However, Minimax’s websites and other Minimax Programs and Services may contain errors, inaccuracies or omissions. Additionally, there may be errors, inaccuracies or omissions in the operation of the Minimax Programs and Services. All such errors, inaccuracies and omissions will be corrected as discovered by Minimax or brought to our attention. Minimax reserves the right to correct any errors, inaccuracies or omissions and revoke any previously stated offer on Minimax’s websites and other Minimax Programs and Services. You further agree that Minimax will have broad discretion to address and correct any errors, inaccuracies or omissions. If any purchased product or service is not satisfactory to you, you may return it for a refund in accordance with Minimax’s return policies.
7. INTELLECTUAL PROPERTY
All content included in or made available through any of the Minimax Programs and Services, including but not limited to text, graphics, images, audio clips, digital downloads and data compilations (collectively, “Content”), as well as the color selections, organization and layout of such Content, is the copyrighted property of Minimax, its affiliated companies or their respective licensors. Further, the Minimax logo, and other trademarks, service marks, taglines, graphics and logos used in connection with Minimax Programs and Services (“Minimax marks”) are trademarks or registered trademarks of Minimax, its affiliated companies or their respective licensors.
No right, title or interest in and to the Content or the Minimax Marks is transferred to you when accessing or using the Minimax Programs and Services. Minimax reserves all rights not specifically and expressly granted to you. Unless otherwise specified, you may not copy, imitate, use, modify, distribute, transmit, display, reproduce, publish, create derivative works from or frame in another website, transfer or sell any of the Content or the Minimax marks, without Minimax’s prior written permission.
8. THIRD-PARTY CONTENT
Minimax’s websites and other Minimax Programs and Services may link to and as a result provide access to third-party websites, including social media sites (“Third-Party Content”). This Third-Party Content is provided as a convenience to you. Access to Third-Party Content does not imply an endorsement or sponsorship by Minimax. By accessing such Third-Party Content, you acknowledge and agree that Minimax does not control such Third-Party Content and, as such, Minimax does not guarantee its availability, accuracy, integrity or quality. You further agree that neither Minimax nor its third-party service providers assume liability for such Third-Party Content. This includes Third-Party Content that may be offensive, improper or objectionable. Minimax reserves the right to change, suspend, remove or disable access to any such Third-Party Content at any time without notice. If you use such links to third-party websites, you will leave Minimax’s website, and may be subject to separate terms of use and other policies as applicable from these third-party websites.
9. USER-GENERATED CONTENT
Any content that you upload, post, email, or otherwise make available with Minimax Programs and Services (“User-Generated Content”) you are responsible for. Since Minimax does not control the User-Generated Content posted, Minimax does not guarantee the accuracy, integrity or quality of such User-Generated Content. Although Minimax does not pre-screen User-Generated Content, Minimax has the right, but is not obliged, to delete or remove any User-Generated Content for any reason. You understand that by using the Minimax Programs and Services, you may be exposed to User-Generated Content of other users that is offensive, indecent or objectionable.
You acknowledge and agree that User-Generated Content may be used, reproduced, displayed, modified, deleted, added to, adapted, and published by Minimax (for example, in marketing campaigns). By acknowledging and agreeing to these Terms & Conditions, or by submitting User-Generated Content, you grant to Minimax, its affiliated companies and their respective successors and assigns a worldwide, irrevocable, transferrable, sub licensable, fully-paid and royalty-free, and non-exclusive license to use, reproduce, display, modify, delete from, add to, adapt, publish, distribute and prepare derivative works from the User-Generated Content. You represent and warrant that you own or otherwise control all rights in and to any such User-Generated Content, and that public posting and use of your User-Generated Content by Minimax will not infringe or violate the rights of any third party.
10. CHANGES TO TERMS
Minimax may change these Terms & Conditions at any time, with or without notice. Minimax will post the revised Terms & Conditions on its website which will become effective from then onwards. The date of change will also be noted within the Terms & Conditions.
11. TERMINATION
Minimax may cease any of the Minimax Programs and Services. Minimax may also terminate or limit your access and use of the Minimax Programs and Services at any time without notice. Any obligation or liability you incur prior to such termination will survive the termination.
12. GOVERNING LAW; JURISDICTION
These Terms & Conditions and your use of the Minimax Programs and Services will be governed by and interpreted in accordance with the laws of the United States of America and the State of Texas, without regard to any conflict of laws provisions. You irrevocably consent to the exclusive jurisdiction of the courts of the United States of America and the State of Texas, for any legal action arising out of or relating to the Minimax Programs and Services or these Terms & Conditions. The preceding sentence does not apply where the applicable Program and Service Terms specify dispute resolution by binding arbitration.
13. EQUITABLE RELIEF
You acknowledge that any breach or threatened breach of these Terms & Conditions or any Program and Service Terms may result in irreparable harm for which damages would not be an adequate remedy, and, therefore, in addition to its rights and remedies otherwise available at law, Minimax will be entitled to seek immediate equitable relief, including injunctive relief, as appropriate. If Minimax seeks any equitable remedies, it will not be precluded or prevented from seeking remedies at law, nor will it be deemed to have made an election of remedies.
14. MISCELLANEOUS
If any provision of these Terms & Conditions is determined to be illegal or unenforceable, the remainder of these Terms & Conditions will still continue to be fully valid, binding, and enforceable. Failure of Minimax to exercise or enforce any right or provision of these Terms & Conditions will not constitute a waiver of such right or provision in that or any other instance.
Last updated: November 6, 2020