Please carefully review these Terms and Conditions before visiting and using AnyMart.com.mm.

1. INTRODUCTION

Welcome to AnyMart.com.mm (also hereafter known as “we”, “us” or “AnyMart”).

AnyMart is an online shopping mall and the terms and conditions here govern your use of AnyMart together with its sub-domains, websites, mobile apps, and services (the "Website").

In using and visiting the Website, you accept these terms and conditions and agree to comply with them (the "User Agreement"). This User Agreement is considered binding once you use the Website, which will signify that you have accepted these terms and conditions. If you do not agree to this User Agreement please do not visit or use our Website, which is owned and operated by Crane Cross Company Limited.

We may at any time we choose modify these Terms and Conditions without giving you prior notice. These updates and changes take effect once uploaded on our Website and no other notice will be given. Please review these Terms and Conditions from time to time for changes. By continuing to use this Website after we post these updates to our Terms and Conditions, you acknowledge and accept these changes.

2. CONDITIONS OF USE

A. Your AnyMart Account

You will need to create an AnyMart account to shop on AnyMart. You are responsible for maintaining the confidentiality of your account and safety of your password, and for restricting access to your account. Moreover, you agree to accept responsibility for all activities that occur under your account or password. If you have any reason to believe that your account or password may have been compromised, please contact us immediately to reset your password. We reserve the right to revoke your account at any time without any explanation or prior notice, and we shall not be liable for any losses suffered by you in connection with such revoking. If you are under 18, you may shop on AnyMart only with the involvement and supervision of a parent or guardian. Alcohol listings on AnyMart are intended for adults. AnyMart reserves the right to refuse service, terminate accounts, terminate your rights to use AnyMart, remove or edit content, or cancel orders in its sole discretion.

B. Privacy Agreement

Your access of our Website is governed by AnyMart’s Privacy Agreement, which you should read and agree to before accessing any of AnyMart’s services. In accordance with the relevant laws in the Republic of the Union of Myanmar, we will treat any information given to us by you or arising from your access of our Website as strictly confidential. Please do not access or visit our Website if you do not agree to your information being used in the way we describe in our Privacy Agreement.

C. Platform Nature of AnyMart

You understand and acknowledge that AnyMart is an online shopping platform that allows you to buy products at the prices indicated and through a payment method chosen by you. You further agree and acknowledge that AnyMart is only a platform and/or facilitator, and is therefore not a party to any transaction that you may partake in on our Website. Payment gateways and payment methods are provided by independent third-party service providers, and therefore the contract of payment on our Website is strictly a bipartite contract between you, the payment service provider, and in the case of debit/credit cards your issuer bank. Additionally, products listed on AnyMart are sold by our vendor partners (sellers) and therefore the contract of sale of products on our Website is also strictly a bipartite contract between you and our vendor partners (sellers).

All information available on our website is only for informational purposes. We cannot guarantee that product representations such as the price, availability, description, features, or any other details are accurate, since they are provided by our vendor partners. Any submission or opinion shown on our Website belong to the individuals who submitted such content and do not represent our opinion or views.

D. Website’s Consistent Availability

We do our very best to make sure that the Website is continually available and bug-free. However, because of the nature of the Internet and our Website, we cannot guarantee that the Website will always be available and error-free. Moreover, the Website may at times be down for repair and maintenance, or the update our services, at any time we deem fit and without prior notice. AnyMart will however minimize the length and frequency of any such interruption.

E. Your License to Use the Website and Your Conduct

You undertake that you are at least 18 years of age and have the capacity to enter into a legally binding contract, or you are visiting our Website under the supervision of your parent or legal guardian. Provided you comply with these Terms and Conditions, AnyMart hereby grants you a non-exclusive, non-transferable, and revocable license to access and use the Website for personal and non-commercial purposes. You are not permitted to download or access any part of the Website, including any product listings, descriptions, or prices, for resale, commercial use, or the benefit of a third party, unless you have obtained our express written consent. Similarly, you are strictly prohibited from using any data mining tools, robots, or data gathering and extraction tools. Any right that is not expressly granted to you in these Terms and Conditions are reserved by AnyMart. You are also strictly prohibited from framing any trademark, logo, or proprietary marks and information such as images, text, or page design of AnyMart without our prior written consent. No part of our website may be reproduced, duplicated, sold, resold, distributed, or visited for any commercial use without our express written consent. You may not use any meta tags or any other hidden text utilizing our name or trademark without our express written consent. You undertake not to misuse AnyMart’s services, and to use them only for legal purposes as prescribed by the laws of the Republic of the Union of Myanmar. You must also not access or use our Website in any way that may cause, or is likely to cause the Website and access to the Website to be impaired, damaged, or interrupted in any way.  You must not take part in any activity that could harm our Website, our employees, our representatives, or our stakeholders in any way. You must not use the Website in any other way than that intended by AnyMart. In the event that you fail to comply with these Terms and Conditions, all licenses granted to you by us will be terminated immediately and without prior notice.

F. Content Submitted by You

If you submit any content to our Website, such as reviews, queries, or suggestions (“Submissions”), you grant AnyMart a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, adapt, publish, modify, translate, perform, create derivative works from, distribute, and display the Submissions anywhere in the world and through any media. You also grant AnyMart the right to use the name that you submit in connection with the Submissions. You shall not misrepresent the origin of your Submissions such as by using a fake name, e-mail address, etc. AnyMart shall have the right but not the obligation to monitor, edit or remove Submissions. AnyMart takes no responsibility and assumes no liability for any content posted by you or any third party. You undertake that all your Submissions are legal under the laws of the Republic of the Union of Myanmar.

G. Objectionable Content Claims

Due to the wide variety of products listed on our Website, it is impossible for us to remain aware of all the contents of every product listed, or of all reviews and comments submitted by users. However, if you find that any piece of content on our Website is offensive, illegal, fraudulent, or otherwise harmful to any third party, or harms the security and sovereignty of Myanmar or its relations with other countries (“Objectionable Content”), please inform us right away and all reasonable efforts will be made to investigate and take down such content, within a reasonable duration. Please remember to submit your name, address, contact details, and other details related to the claim such as the name of the person posting objectionable content, the contents and location of the objectionable content itself, etc. Submitting a claim without these complete information will make your claim invalid and unusable legally.

H. Copyright Claims

AnyMart respects intellectual property. If you believe that your work has been used in a way that constitutes infringement, please contact us and we will address your complaint. Make sure you submit your name, address, contact information, and other details relevant the claim such as the name of infringing party, instances of infringement, and proof of infringement, etc. Submitting a complaint without complete supporting details will make your complaint invalid and unusable legally. Moreover, providing false or misleading information can be considered to be a legal offense.

AnyMart respects exclusive distributorship or reseller agreements that manufacturers enter into for their products. However, please note that violations of these agreements are not considered to be intellectual property rights infringement. Moreover, these agreements are entered into between the manufacturer and distributor/reseller, and therefore it would be inappropriate for AnyMart to participate in their enforcement. 

I. Trademarks and Copyright

AnyMart.com.mm, the AnyMart logo, and all other proprietary marks shown on our Website are trademarks or registered trademarks in the Republic of the Union of Myanmar, and are protected by international copyright law. All graphics, logos, headers, buttons, scripts and trade names are our exclusive trademarks and may not be used for any product or service not belonging to us, or in any way that will, or is likely to confuse customers, vilifies or discredits AnyMart. Any other trademark not owned by us that is shown on our Website belongs to its respective owner, who may or may not be affiliated with AnyMart.

All content on our Website, including but not limited to website design, text, images, video, sound, and their layout and arrangement, and all source code and software shall remain our intellectual property, regardless of whether they have been registered. The entire Website’s contents are also copyright protected under Myanmar copyright laws and international conventions. AnyMart reserves all rights.

J. Disclaimer

By using our Website, you acknowledge that you are using the Website and its services at your own risk, and are using your best judgement before making a transaction on the Website. AnyMart shall not be liable for any action or inaction of sellers or other service providers, or any breach of conditions, representations or warranties by the sellers or manufacturers of the listed products, and in that regard, we hereby expressly disclaim all liability. Any dispute between you and the sellers/manufacturers of the products shall not be resolved or mediated by us.

AnyMart further expressly disclaims any warranties or representations (express or implied) in respect of quality, accuracy, suitability, eligibility, completeness, timeliness, performance, safety, fitness, merchantability for a particular purpose, or legality of the products listed or transacted or the content (including product and price information and/or specifications) on our Website. As much as we have taken measures to prevent inaccuracies in content, this Website, all content, information (such as product prices), software, products, services and graphics are provided as is, without any kind of warranty.

AnyMart does not explicitly or implicitly endorse or support the sale or purchase of any product on the Website. No right, interest, or title in the products sold through or listed on our Website vests with us, and AnyMart shall not at any time have any obligations or liabilities in respect of any transactions on the Website.

AnyMart shall not be liable for the actions or inactions of service providers on our Website, including but not limited to payment gateways, instalment providers, warranty services, etc.

K. Indemnity

You shall fully indemnify, hold harmless and defend AnyMart and its directors, officers, employees, agents, stockholders and affiliates (collectively “Indemnified Parties”) from and against all claims, demands, actions, suits, damages, liabilities, losses, settlements, judgments, costs and expenses (including but not limited to reasonable attorney’s fees and costs), whether or not involving a third party claim, which arise out of or relate to any breach of any representation or warranty by you contained in these Terms and Conditions, any breach or violation of any covenant or other obligation or duty by you under these Terms and Conditions or under applicable law or the rights of a third party, in each case whether or not caused by the negligence of AnyMart or any other Indemnified Party and whether or not the relevant claim has merit. You hereby expressly release the Indemnified Parties from any cost, damage, liability or other consequence of any of the actions or inactions of the sellers or other service providers, and you hereby waive any claims or demands that you may have in this behalf under any statute, contract or otherwise.

L. Third Party Businesses and Individuals

We may sometimes list products, services, or web links from third parties other than AnyMart and its affiliates on our Website. We will not be liable for investigating or assessing, nor do we guarantee or endorse the offerings and websites of any of these third parties, and we shall assume no responsibility or liability for the actions of and content, products, or services provided by these third parties. For transactions that involve third parties, we may share information related to those transactions with such third parties. You should check their privacy statements and their terms and conditions.

M. Losses

AnyMart will be neither responsible nor liable for any losses, business or personal, including without limitation loss of profits, revenue, contracts, data, goodwill, anticipated savings, or wasted expenditure, or any other indirect or resulting loss that is not realistically anticipatable by you and AnyMart when you started accessing our Website.

N. Amendments to Site & Policies, and Severability

We reserve the right to make changes to our Website, policies, and these Terms and Conditions of at any time. You will be subject to the terms and conditions in effect at the time you access the Website. If any of these conditions is deemed void, invalid, or for any reason unenforceable, that condition will be deemed severable and shall not affect the validity and enforceability of any remaining condition.

O. Waiver

You agree and acknowledge that AnyMart is a private business and we reserve the right to conduct business in any way we deem fit. You further acknowledge that should you violate these Terms and Conditions and we do not take any action, we will still be able to use our rights and remedies in any other situation in which you violate these Terms and Conditions.

P. Events Not Within Our Control

AnyMart shall not be liable for any delay or failure to comply with these Terms and Conditions if the delay or failure is due to any event beyond our control. This does not affect your statutory rights.

Q. Termination

AnyMart reserves the right to immediately terminate these Terms and Conditions and revoke any or all of your rights under these Terms and Conditions at any time, without any prior notice to you. This is in addition to any other legal or equitable remedies. Once this Agreement is terminated, you shall stop visiting and using our Website immediately, and AnyMart will, in addition to any other legal or equitable remedies, immediately cancel your account and restrict your access to our Website in part or in whole. Such termination of this agreement, however, shall not affect the rights and obligations (including without limitation, payment obligations) of both parties under these Terms and Conditions, before the date of termination. You further acknowledge that AnyMart is not liable to any person or you because of such termination. If you do not agree with any of our policies, terms, conditions, rules, guidelines, practices, or decisions in operating this Website, the only remedy is to stop using and accessing our Website.

R. Contacting Us

You can contact us via phone or email. Our contact details will always be stated in the footer of our Website. 

S. Governing Law and Jurisdiction

By using AnyMart, you agree that the laws of the Republic of the Union of Myanmar will govern these terms and conditions and disputes of any kind that may arise between you and AnyMart.

3. CONDITIONS OF SALE BETWEEN SELLERS ON ANYMART AND YOU

It is vital for you to review these terms and conditions before buying anything from the Sellers on AnyMart. You hereby agree to be bound by these terms and conditions.

A. Conditions Pertaining to Sale of Product(s) and/or Service(s)

This section covers the conditions that pertain to the sale of products or services on AnyMart.

B. The Sales Contract

Orders made on AnyMart are legal offers to sellers on AnyMart to purchase the product or service listed on our Website. Upon confirming an order to buy a product, the confirmation that you receive before the dispatch of your order is only meant to confirm the details you provided for your order. It does not, in any way, imply the confirmation of the order itself. AnyMart confirms acceptance of your order only when your order is being dispatched to you. If your order is delivered in separate packages, you may receive several of such dispatch confirmations. After submitting your order, you will be notified of a rough schedule indicating how long AnyMart will take to process your order. This timeline, however, cannot be guaranteed by us to be exact every time. However, AnyMart makes every reasonable effort to make sure that this schedule is being kept.


You should note that all commercial or contractual terms are offered by and agreed to between you and the sellers only. These commercial or contractual terms include but are not limited to price, shipping fees, payment terms, payment methods, date, period and type of delivery, warranties related to products and services and after-sales services related to products and services. AnyMart has no control over, and does not participate in the offering or acceptance of such commercial or contractual terms between the you and the seller(s). The seller reserves the right to cancel any order at its sole discretion before your order is dispatched. AnyMart will make sure that in the event of such a cancellation, you will be timely informed via e-mail or SMS. If you have made a prepayment for such cancelled order, if any, AnyMart will refund the money to you.


You acknowledge and agree that the product(s) or service(s) you order are for your personal use only and not for commercial purposes such as resale. You hereby authorize us to, in lieu of you, declare to any government authority the aforementioned purpose for your orders on AnyMart. The seller or Website reserves the right to cancel an order if it is deemed that your order quantity for any particular product exceeds the average individual consumption quantity. All products listed on AnyMart are sold only in a quantity which reflects the average needs of a typical individual or household. This shall apply for both the quantity of products ordered within a single order, and the submitting of several orders for the same product in which the buyer orders a total quantity exceeding the average individual consumption quantity. Such average individual consumption quantity shall be determined by at the sole discretion of the seller or of AnyMart’s, and may be distinct for each buyer.

At any time before your order is dispatched to you, you may cancel your order free of charge.


C. Returns and Refunds

Please review our Return Policy.


D. Price, Stock, and Processing of Your Order


All product prices on AnyMart are denominated in Myanmar Kyats (MMK), and include 5% commercial tax. These product prices are listed on AnyMart by the seller selling the product or service. Products placed in your Cart always show the most updated price shown on the product’s individual page. It is worthy to note that this price may be different from the price displayed for the product when you initially added it in your Cart. Adding a product to your Cart does not reserve or lock in the price displayed during that time. Similarly, the product’s price may also decrease between the time you added it to your Cart and the time you pay for it at Checkout.

AnyMart does not maintain a policy of price matching for any product sold by any seller.

AnyMart is committed to bringing you the most accurate prices to you on our Website; however, occasionally mistakes could still happen, such as when the price of a product is not shown accurately on AnyMart. In such an event, AnyMart reserve the right to cancel any order, regardless of whether or not the order had been previously confirmed and your prepayment processed. If an order you have already made prepayment for is cancelled under such a circumstance, our standard refund policies will be applicable.

AnyMart shows the stock information for products displayed on our Website. However, we are not able to list more details about stock beyond what is displayed on our Website. Moreover, estimates for dispatch are meant to be only estimates, and are not guaranteed by us. If any product ordered by you happens to be out of stock after your order was processed, we will notify you via email or SMS.

Please note that sometimes, an order is unable to be processed for several reasons. AnyMart reserves the right to deny or cancel any order at our sole discretion at any given time. You may be requested to give us additional information or verification, including without limitation your contact number and address, before we can accept confirm your order.

 

AnyMart reserves the right to verify the payment details and personal information you submitted before delivering your order to you. This is to prevent fraudulent activities including but not limited to credit/debit card fraud. You may be asked to verify your payment details and personal information via a government-issued identity document, proof of address, or bank document. If you do not respond in a timely manner to such a request from us, your order shall be automatically cancelled within a reasonable period of time. AnyMart reserves the right to directly cancel any order that we have reason to believe runs a risk of banking fraud or for any other reason, without providing prior notice and without any subsequent legal liability.

E. Electronic Communications with Us

When you use AnyMart, or send e-mails to us, you may be communicating with us electronically. You are required to provide us a valid phone number to place an order on AnyMart. You agree to receiving communications from us electronically, such as via e-mails, texts, and you can keep copies of these communications for your own records. You agree that all agreements, notices, disclosures, and other communications that we send to you electronically satisfy any legal requirement that such communications be in writing. You further agree to receiving communications (including without limitation transaction-, promotion- and/or commercial-related messages) from us with respect to your use of AnyMart and/or the placement of your order.

F. Taxes

You are liable for the payment of all fees, charges, and/or costs pertaining to the purchase of products from AnyMart and you further agree to bear any and all applicable taxes in accordance with the prevailing law in the Republic of the Union of Myanmar.

G. Losses

AnyMart will be neither responsible nor liable for any losses, business or personal, including without limitation loss of profits, revenue, contracts, data, goodwill, anticipated savings, or wasted expenditure, or any other indirect or resulting loss that is not realistically anticipatable by you and AnyMart when you started accessing our Website.

H. Amendments to Site & Policies, and Severability

We reserve the right to make changes to our Website, policies, and these Terms and Conditions of at any time. You will be subject to the terms and conditions in effect at the time you access the Website. If any of these conditions is deemed void, invalid, or for any reason unenforceable, that condition will be deemed severable and shall not affect the validity and enforceability of any remaining condition.

I. Events Not Within Our Control

AnyMart shall not be liable for any delay or failure to comply with these Terms and Conditions if the delay or failure is due to any event beyond our control. This does not affect your statutory rights.


J. Waiver

You agree and acknowledge that AnyMart is a private business and we reserve the right to conduct business in any way we deem fit. You further acknowledge that should you violate these Terms and Conditions and we do not take any action, we will still be able to use our rights and remedies in any other situation in which you violate these Terms and Conditions.

K. Governing Law and Jurisdiction

By using AnyMart, you agree that the laws of the Republic of the Union of Myanmar will govern these terms and conditions and disputes of any kind that may arise between you and AnyMart.

L. Warranties and Representations

AnyMart not make any warranty or representation as to the characteristics (including without limitation the value, salability, quality, etc.) of the products or services listed on our Website, since these products or services are being offered for sale by third party sellers. AnyMart does not implicitly or expressly support or endorse the sale or purchase of any product or service on our Website. We shall not be liable for any mistakes or misrepresentations, be it on behalf of AnyMart or third parties.

Any contract entered into between you and the seller(s) are strictly bipartite between you and the seller(s) only, and therefore AnyMart is not liable for any breach or violation of such contracts. We are unable to and will not guarantee the actions of both you and the seller(s). AnyMart is not required to participate in any mediation of, or to provide resolutions to, conflicts or disputes between you and the seller(s) with regards to such aforementioned contracts. AnyMart does not at any time have any rights, claims, or title to the product(s) or service(s) offered by sellers on our Website, and therefore, we shall have no liabilities or obligations with respect to any of such aforementioned contract(s) entered into between the seller(s) and you. AnyMart will not be responsible for any delays, damages, or unsatisfactory delivery of products arising from products that are no longer available, out of stock, or back-ordered.