Markabu | Terms of Use

Last updated: October 20, 2023

 

 

Thank you for choosing Markabu! These Terms of Use ("Terms") outline the regulations governing your use of our applications, products, services, and websites ("Services").

1. Overview

   1.1 These Terms establish an agreement between you and Whaleco Technology Limited, an Irish company.

   1.2 Whaleco Technology Limited, referred to as "Markabu," "we," or "us," includes our marketplace platform, website, and mobile apps. The platform enables third parties to create online stores, sell products, and offers additional features, products, services, or content, collectively termed as the “Markabu platform” or “our marketplace app.

   1.3 Read these Terms attentively. For any questions, comments, or concerns, contact us via the provided email addresses.

   1.4 By completing registration or browsing the Services, you affirm (1) understanding and agreement to be bound by the Terms, (2) legal age for a binding contract, and (3) the authority to enter into the Terms.

   1.5 Your use of certain Services may be subject to additional policies ("Policies"), including our Privacy & Cookie Policy. If inconsistent, Policies prevail. Seller accounts are governed by the Seller Services Agreement, which prevails in case of conflict.

   1.6 We may modify these Terms with your acceptance. Modifications are communicated through provided email addresses. Silence implies acceptance after four weeks.

 

2. Services and Role of Sellers

   2.1 Our marketplace app facilitates the exchange of information and Order completion between Sellers and users.

   2.2 Sellers manage their stores, upload Product listings, and fulfill Orders. Sellers may operate from different locations, affecting taxes, customs, or consumer protection rules.

   2.3 We may assist with payment processing, returns, refunds, and customer services. We lack control over Product existence, quality, safety, legality, or accuracy of information provided by Sellers. We don't endorse Sellers, stores, or Products unless specified.

   2.4 Acting as a payment collection agent for Sellers, we accept payments from you. Funds are remitted to Sellers as per the Seller Services Agreement.

   2.5 Verify Product descriptions and restrictions before placing Orders. Communicate special circumstances with Sellers. Ensure the suitability of Products based on your needs.

Your engagement with Markabu involves exciting opportunities and responsibilities. By using our platform, you enter a dynamic marketplace governed by transparent rules. Explore, shop, and connect responsibly. Enjoy your journey with Markabu!

3. User Requirements and Registration

3.1 Ensure you are at least eighteen (18) years old to use our Services and legally capable of forming a binding contract. While certain Products for children are available, they are intended for adult purchase. Some Products may be age-restricted or intended for "mature audiences." By ordering, you confirm your eligibility to access, use, own, or receive such Products. We disclaim responsibility for offensive third-party content.

3.2 Do not use the Services if: (a) you cannot form a binding contract, or (b) we have banned you for violating these Terms or reasonable grounds.

3.3 Account creation may be necessary, requiring accurate and updated information. You are responsible for your Account's activities, ensuring restricted use by minors. Do not share your Account or transfer it without our permission. Notify us of unauthorized access promptly. Account creation forms part of a valid contract upon our confirmation.

3.4 Alternatively, register via a social network service account (SNS Account). By linking accounts, you allow access to your SNS Content through the Services. You can disable this connection at any time.

3.5 The language of these Terms corresponds to your chosen country/region on the Markabu platform.

3.6 The current version of these Terms is always available, and you are authorized to print or save electronic copies.

4. Rules and Restrictions

4.1 Use the Services for personal use, complying with Terms, Policies, and applicable laws. Do not use the Services if prohibited by law.

4.2 Safeguard your account and password. Notify us of unauthorized use or security breaches promptly.

4.3 Do not create multiple accounts.

4.4 Separate rules govern Promotions. In case of conflict with these Terms, Promotion rules prevail.

4.5 While using the Services, agree not to:

   (1) Infringe on another person's rights or violate intellectual property rights.

   (2) Violate these Terms, Policies, or applicable laws.

   3) Engage in harmful, deceptive, threatening, defamatory, or objectionable conduct.

   (4) Circumvent or attempt to circumvent Terms, Policies, or rules.

   (5) Engage in unauthorized advertising or spam.

   (6) Collect personal data from other users.

   (7) Violate security features of your account.

   (8) Obtain another user’s password or account information.

   (9) Impersonate or misrepresent your identity.

   (10) Violate or interfere with the proper functioning or security of any computer network.

   (11) Run auto-responder or spam, or interfere with Services' proper functioning.

   (12) Potentially harm the Services or introduce harmful code.

   (13) Copy or store a significant portion of Services' content without written consent.

   (14) Decompile, reverse engineer, or obtain source code  

   (15) Purchase Products you are not legally allowed to  

   (16) Abuse promotions, discounts, or interfere with Seller listings.  

   (17) Attempt prohibited actions or assist others in doing so.

8. Responsibilities; Third Party Risks

8.1 Any violation of the aforementioned terms may result in:

   (1) Removal or refusal to post any User Submission;   

   (2) Cancellation of your purchases of Products from the Seller 

   (3) Cancellation of Rewards or payments due from us; and/or   

   (4) Suspension or termination of your access or use the Services.

We reserve the right to investigate violations and, if criminal activity is suspected, to refer the matter to legal authorities. We may disclose information to comply with laws, enforce the Terms, protect rights, respond to claims, or ensure public safety.

5. Privacy

5.1 Refer to our Privacy & Cookie Policy for how we handle your personal information. Your purchases involve sharing information with Sellers to fulfill orders.

6. Communications

6.1 By using the Services, you agree to receive communications from us via email, text, calls, and push notifications. Communication purposes include account notifications, issue resolution, debt collection, surveys, order updates, and enforcement of Terms, Policies, laws, or agreements. Standard text messaging charges may apply.

6.2 Opt-in to receive marketing materials via mobile texts. Consent includes promotional messages, order notifications, and abandoned cart reminders. Opting in for one program does not automatically enroll you in others. You can opt out by replying STOP to received messages, but opting out may affect your Service use. For assistance, reply HELP or contact us.

6.3 To opt out of marketing emails, unsubscribe via the email's options.

6.4 Communications may be recorded, monitored, and stored for quality control, training, or protection purposes, subject to our Privacy Policy.

7. User Submissions

7.1 "User Submission" includes content provided by you through the Services, like comments, reviews, photos, or videos. We may use, modify, or display User Submissions to operate, market, or advertise the Services. Ensure truthful and good-faith submissions. We reserve the right to remove objectionable or violative content.

8. Ownership

8.1 Content on the Services is protected by copyright and intellectual property laws. Do not use Content without proper consent. We respect intellectual property rights and may delet or disable infringing content.

8.2 We own or license the Services. Do not exploit, modify, or reproduce Services except as provided in these Terms.

8.3 A limited license is granted for personal, non-commercial use of the Services, subject to compliance with these Terms.

8.4 Do not make commercial use of Services information or solicit users for purposes unrelated to the Services.

9. Responsibilities; Third Party Risks

9.1 Content posted through the Services is your responsibility. Use Content and interact with users at your own risk. We do not control or endorse Content. You are responsible for all Content you contribute.

9.2 Services may contain links to third-party websites. We are not responsible for third-party content or practices.

9.3 Interactions with Sellers or other users are solely between you and them. We are not liable for any losses resulting from such interactions.

9.4 Arranging sales or payments outside the Markabu platform is a breach of these Terms.

10. Disclaimer

10.1 We disclaim liability for any disputes between users on the Markabu platform. In case of a dispute with a Seller or another user, we have no obligation to intervene.

11. Purchases; Pricing

11.1 Before purchasing, review the full Product listing. Purchases involve providing payment and shipping information, selecting shipping method, and confirming via email. You're responsible for fees, taxes, and shipping costs. Act as the product importer, authorizing us to appoint a freight forwarding agent for duties. Pricing errors may lead to order cancellation.

11.2 Third-party Payment Processors may charge fees, disclosed in the marketplace app. Provide accurate payment information, authorizing us to charge for purchased Products, applicable customs, taxes, and shipping costs.

11.3 Sellers set listing prices. We facilitate sales but aren't party to them. While Sellers provide information, we don't guarantee accuracy. Pricing or availability errors may lead to or cancellation.

12. Refunds, Exchanges and Related

12.1 You're entitled to refunds following our Return and Refund Policy. Refunds may not cover customs, taxes, or return shipping costs. Seek remedies directly from the Seller.

13. Rewards

13.1 Receive Rewards for Service use, redeemable for eligible purchases. Read rules for different rewards carefully. Some rewards aren't cash redeemable, except where required by law.

14. Ending Our Relationship

14.1 You can stop using the Services anytime. We can suspend or terminate your use for any reason. Terms remain enforceable post-termination. Unpaid amounts remain due.

14.2 If your account is terminated, associated Content and Rewards are forfeited. Use remaining Rewards before termination.

14.3 Surviving provisions post-termination include ownership, warranty disclaimers, and liability limitations.

15. LIMITATION OF LIABILITY

15.1 Our liability is limited:

   (1) Unlimited for willful actions, gross negligence, fraud, explicit guarantees, and personal injury.   

   (2) Limited for damages typical and foreseeable from contractual breaches. 

   (3) Excluded for facilitated contracts with Sellers, Content accuracy, and completeness.

   (4) Not liable for Sellers' actions or products.

16. Indemnity

16.1 Indemnify us against claims from other users or third parties based on your Service use or Terms violation. Provide necessary information for defense.

17. App Stores

17.1 License to download and use the Application granted. App Store terms apply. We're solely responsible for the Application and Services, not the App Store. Costs associated with App Store use are your responsibility.

17.2 App Stores are not parties to the Terms. Apple has no warranty obligation. Claims related to the App Store Sourced Application are Markabu's responsibility.

17.3 Additional terms for iTunes: Apple is not responsible for claims, warranty obligations, or intellectual property infringement related to the App Store Sourced Application. Apple is a third-party beneficiary of the Terms.

Use the App Store Sourced Application in accordance with the Apple App Store Terms of Service.

18. General

18.1. Electronic Communications: You consent to electronic communications, acknowledging their legal equivalence to written communications. This includes emails, texts, mobile push notices, and notices on the Services.

18.2. Assignment: You can't assign these Terms without our consent. We can transfer, assign, or delegate them without your consent.

18.3. Unforeseen Events: We're not liable for delays or failures beyond our control, like acts of God, war, or pandemics.

18.4. Choice of Law: EU residents' disputes are governed by their country's laws; non-EU residents' disputes by Irish law. The UN Convention on Contracts for the International Sale of Goods doesn't apply.

18.5. Online Dispute Resolution: EU residents can use the ODR platform. We're not obliged to participate in consumer arbitration for Services within this regulation's scope.

18.6. Notice: We notify you via email using your latest provided address. Keep it updated. Notice is effective upon receipt.

18.7. Waiver: Our failure to respond to a breach doesn't waive our right to act later.

18.8. Severability: Unenforceable provisions will be limited or eliminated to preserve the rest of the Terms.

18.9. Third-Party Beneficiaries: No intended third-party beneficiaries under these Terms.

18.10. Entire Agreement: These Terms are the final agreement, superseding all prior discussions on the subject.

18.11. Translation: Translations are for reference. In case of discrepancies, the English version prevails.

19. Contact Information

For more information, refer to the Imprint.