MONARK

The Ledger

Terms

Draft — pending review by Illinois counsel. Not yet in force.

In short

You are dealing with Monark Commerce LLC, an Illinois limited liability company. Nothing is offered for sale on this site yet, so nothing here is an offer.

Who the seller is

Seller
Monark Commerce LLC
Entity type
Limited Liability Company
Jurisdiction
Illinois, United States
File number
18486067
Trading style
Monark Commerce

Every contract, invoice, refund, and payment instruction is issued in the full legal name Monark Commerce LLC. If a document says anything else, it did not come from this company.

Scope, acceptance, and the current position

No current offer. Monark Commerce is not yet selling. No product is listed, no price is published, and no payment can be taken. Nothing on this site constitutes an offer to sell, and no contract can presently be formed through it.

Acceptance. Using this site means accepting these terms as they apply to using it. When the catalogue opens, placing an order will mean accepting these terms as they apply to that order, and an order will be accepted only when Monark Commerce confirms it — not when it is submitted, and not when payment is authorised.

Descriptions. Monark Commerce will describe what it sells accurately, including what a product is not. Where a description turns out to be wrong, the remedy is set out in the returns terms.

Pricing and currency

All prices will be shown in United States dollars (USD).

The price shown, the shipping charge, and any applicable sales tax are all displayed before payment is taken. Nothing is added afterwards. Monark Commerce does not bill an order at a price other than the one accepted at the point of sale.

Sales tax is charged where the law requires it. Monark Commerce will not sell taxable goods before it is registered with the Illinois Department of Revenue to collect that tax.

Licence for digital products and software

Buying a digital product or software from Monark Commerce buys a licence to use it. It does not transfer ownership of the work, and it does not transfer any intellectual property right in it.

Unless the terms published with a particular product say otherwise, that licence is:

  • Non-exclusive — the same product is licensed to other customers.
  • Non-transferable and non-sublicensable — it belongs to the purchaser and cannot be sold on, lent, or assigned.
  • Perpetual for a one-off purchase, and for the paid term where the product is billed as a subscription.
  • For the purchaser's own use, including internal business use where the purchase is made by a business.

The licence does not permit redistributing, reselling, publishing, or making the product available to anyone else, nor removing licence or attribution notices from it. Where a product ships with its own licence terms, those terms govern that product and prevail over this section.

Monark Commerce may end a licence that is being used in breach of these terms. It will not withdraw a licence that is being used properly.

Limitation of liability

Counsel review — this clause requires review by Illinois counsel before it is relied upon.

Monark Commerce is responsible for delivering what it sells, as described. Where it fails to, the remedies are replacement or refund as set out in the returns terms.

Beyond that, and to the extent the law allows, Monark Commerce is not liable for indirect, incidental, or consequential loss — including lost profits, lost data, or business interruption — arising from the use of a product bought from it. Its total liability in connection with an order is intended to be limited to the amount paid for that order.

Nothing in this section excludes or limits liability that cannot lawfully be excluded or limited, including liability for fraud, or any right a consumer has under Illinois or United States law.

Governing law

Counsel review — this clause requires review by Illinois counsel before it is relied upon.

These terms and any contract formed under them are intended to be governed by the laws of the State of Illinois, United States, and disputes are intended to be heard in the courts of Illinois.

The venue, arbitration position, and consumer-law carve-outs that belong alongside a governing-law clause have not been settled and are not stated here. They will be, once counsel has reviewed them.

Changes to these terms

These terms will change before the first sale — they are a draft, and they say so. Any version in force will be published on this page, and the terms that apply to an order are the ones published at the time that order is accepted.

Questions about any of this go to admin@monarkcommerce.com.