Terms & Conditions
Terms and Conditions
Welcome to Fogmart, your reliable online marketplace for one stop vapor products purchase.
The Terms and Conditions describe the terms and conditions applicable to your access and use of the Site. This document is a legally binding agreement (the “Agreement”) between you as the user(s) of the Site (referred to as “you”, “your” or “User” hereinafter) and www.fogmart.com.
Please review the following basic rules that govern your use and access of the Site (the “Agreement”). Please also note that your use or access of the Site constitutes your unconditional agreement to follow and be bound by this Agreement, although you may "bookmark” a particular portion of this Site and thereby bypass this Agreement. If you do not accept all of the terms of this Agreement, please do not use or access the Site.
1.2 You acknowledge and agree that Fogmart may amend any Terms at any time by posting the relevant amended and restated Terms on the Site. By continuing to use the Services or the Site, you agree that the amended Terms apply to you.
1.3 If Fogmart has posted or provided a translation of the English language version of the Terms, you agree that the translation is provided for convenience only and that the English language version will govern your use of the Services or the Site.
1.4 The Terms may not otherwise be modified except in writing by an authorized officer of Fogmart.
2. The Use of the Site
2.3 All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Site (collectively, the “Contents”) are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this Site is the property of Fogmart or its suppliers and protected by international copyright laws. The Contents and software on this Site may be used only as a purchasing resource. Any other use, including the reproduction (except as noted above), modification, distribution, transmission, republication, display, or performance, of the Contents on the Site, without prior written permission from Fogmart, is strictly prohibited.
2.4 While accessing the Site, or using its services, you should not:
a) Post or transmit false, inaccurate, misleading, defamatory, or libelous content;
b) Violate any laws, regulations, third party rights or our policies, such as third party’s intellectual property rights;
c) Fail to deliver payment for the products and items purchased by you;
d) Manipulate the billing process of Fogmart;
e) Undermine the feedback or ratings systems;
f) Transfer your Fogmart Account (including your User ID and Password) to another party without prior written consent from Fogmart;
g) Distribute spam, bulk electronic communications, chain letters, or pyramid schemes on the Site;
h) Distribute viruses or any other technologies that may harm Fogmart and the Site, or the interests or property of other users;
i) Collect information of other Users, including, but not limited to, their email addresses and User IDs, without their advance consent, in order to reap profits; or
j) Otherwise incur any liability to the Site or Fogmart.
2.5 In our sole discretion, Fogmart reserves the right to remove from the Site any material or listing which we reasonably believe is unlawful, violates the Agreement, could result in any liability to Fogmart, or is otherwise inappropriate.
2.6 Fogmart reserves the right to limit, terminate and deny the right to use or access the Site and Service(s) of any User for any reason whatsoever, including, but not limited to, infringing any third party’s intellectual property right, breaching this Agreement, and incurring any liability to Fogmart. Each User hereby also agrees that in no event shall Fogmart be liable to any User or any third party for any User’s inability to use or access the Site and/or Services.
2.7 Fogmart may launch, change, upgrade, impose conditions to, suspend, or stop any Services (or any feature within the Services) without prior notice, except that, in the case of a fee-based Service, such changes shall not substantially adversely affect the paying Users enjoying that Service.
2.8 Some Services may be provided by Fogmart’s affiliates on behalf of Fogmart.
3. Purchasing on the Site
3.1 You must be registered on the Site (a “Registered User”) in order to make purchases on the Site and/or access some Services. Your status as a Registered User and the purchase process are governed by the Registration Agreement and any terms and conditions related thereto. Fogmart may reject a User’s application for registration for any reason. Upon registration on the Site, Fogmart shall assign an account (the “Fogmart Account”) and issue a User identification (“User ID”) and password (the “Password”) to each Registered User.
3.2 Each User will be required to provide information or material about your entity, business or products/services as part of the registration process on the Site or your use of any Service or the Fogmart account. Each User represents, warrants and agrees that (a) such information and material, whether submitted during the registration process or thereafter throughout the continuation of the use of the Site or Service, is true, accurate, current and complete, and (b) you will maintain and promptly amend all information and material to keep it true, accurate, current and complete.
3.3 A set of User ID and Password is unique to a single account. Each Registered User shall be solely responsible for maintaining the confidentiality and security of your User ID and Password and for all activities that occur under your Fogmart Account. No Registered User may share, assign, or permit the use of your Fogmart Account, User ID or Password by another person outside of the Registered User’s own business entity. Registered User agrees to notify Fogmart immediately if you become aware of any unauthorized use of your password or your account or any other breach of security of your Fogmart Account.
3.4 User agrees that all activities that occur under your Fogmart Account (including, without limitation, posting any company or product information, clicking to accept any additional agreements or rules, subscribing to or making any payment for any services, sending e-mails using the latest e-mail account or sending SMS) will be deemed to have been authorized by you.
3.5 User acknowledges that sharing your account with other persons, or allowing multiple users outside of your business entity to use your account (collectively, “multiple use”), may cause irreparable harm to Fogmart or other Users of the Site. User shall indemnify Fogmart, our affiliates, directors, employees, agents and representatives against any loss or damage (including but not limited to loss of profits) suffered as a result of the multiple use of your account. User also agrees that in the case of the multiple use of your account or User’s failure to maintain the security of your account, Fogmart shall not be liable for any loss or damages arising from such a breach and shall have the right to suspend or terminate User’s Fogmart Account without liability to User.
3.6 By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s) purchased. You realize that any delay in the process of delivery payment may constitute a contract breach, and you shall be solely responsible for such breach.
3.7 Each User understands and accepts that the price listed for the product on the Site and/or the price paid for the product includes the commission due to Fogmart.
3.8 You understand that by using and accessing the Site or any Services provided on the Site, you may encounter content that may be deemed by some to be offensive, indecent, or objectionable, which content may or may not be identified as such. You agree to use the Site and any Service at your sole risk, and that Fogmart shall have no liability to you for Content that may be deemed to be offensive, indecent, or objectionable.
3.9 Each User understands and accepts that the product and content listing or displaying on the Site may relate to copyrights, trademarks, trade secrets, patents and other personal or proprietary rights of a third party. Further, each User agrees that the User who uploads or lists that content and information on the Site shall be solely responsible for any violation of third party rights. The Site and Fogmart shall not be liable for any infringement or purchase dispute related to the intellectual property and/or other personal or proprietary rights of third party.
3.10 When required by the government, law enforcement body, or oblige whose legitimate right has been injured, or forced by subpoena or other legal document, Fogmart may disclose the User’s identity and contact information. User agrees not to bring any action or claim against Fogmart for such disclosure.
3.11 The Site may allow Users to access content, products or services offered by third parties through hyperlinks (in the form of word links, banners, channels or otherwise), API or otherwise. You are cautioned to read such web sites’ terms and conditions and/or privacy policies before using such sites. You acknowledge that Fogmart has no control over such third parties’ web sites, does not monitor such web sites, and Fogmart shall not be responsible or liable to anyone for such web sites, or any content, products or services made available on such web sites.
You agree to defend, indemnify and hold Fogmart and its affiliate, directors, officers and employees harmless from and against any and all losses, claims, liabilities, damages, costs and expenses, including attorneys’ fees, arising from or related to (1) your use of the Site, (2) your breach of any representations and/or warranties made by you to Fogmart and (3) claims asserted by third party rights claimants or other third parties relating to products offered or displayed on the Site.
5. Force Majeure
Under no circumstances shall Fogmart be held liable for any delay or failure or disruption of the content or services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including, without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance by third parties.
6. Copyrights, Trademarks and Other Intellectual Property Rights
6.1 Unless otherwise noted, all contents on the Site are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Fogmart or one of its affiliates and are protected by P.R.C. and international copyright, patent, trademark and other intellectual property laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this site is the exclusive property of Fogmart and is also protected by international copyright, patent, trademark and other intellectual property laws.
6.2 Fogmart and its suppliers and/or licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on the Site. Access to the Site does not confer and shall not be considered as conferring upon anyone any license under any of Fogmart’s or any third party’s intellectual property rights. The Fogmart names and logos and all related product and service names, design marks and slogans are the trademarks of Fogmart. All other marks are the property of their respective companies. No trademark, service mark or logo license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner. The unauthorized use of these names, logos or marks is strictly prohibited.
8.2 This Agreement represents the complete agreement between the parties with respect to your use of the Site and Services and supersedes all prior written or oral agreements and representations between the users and Fogmart related to the same subject matter.
8.4 If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be deleted or reformed to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect.
8.5 The failure of Fogmart to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit Fogmart’s rights with respect to such breach or any subsequent breaches.
8.6 Fogmart and you are independent contractors, and no agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by the Terms.
8.7 Fogmart’s failure to enforce any right or failure to act with respect to any breach by you of the Terms will not constitute a waiver of that right nor a waiver of Fogmart’s right to act with respect to subsequent or similar breaches.
8.8 Fogmart may transfer this contract and all or part of its rights, obligations and interests to any party or entity in its sole discretion; however, the Users may not assign its rights, obligations and interests under this contract to any party or entity.
8.9 Any action or proceeding arising out of or related to this Agreement or your use of this Site must be submitted to the China international Economic and Trade Arbitration Commission for arbitration which shall be conducted in accordance with the Commission’s arbitration rules in effect at the time of the application for arbitration. The arbitral award shall be final and binding upon both parties.
8.10 This Agreement shall be governed by and constructed under the laws of People’s Republic of China (“P.R.C.”) without regard to conflict of law provisions.
8.11 If there is any conflict between the English version and another language version of this Agreement, the English version shall prevail.