This pilot is a small-scale, limited-feature offering of Marketplacer’s community of sellers and operators (our Community). These Terms of Service (Terms) govern your participation in Community and should be read together with the Marketplacer Website Terms and Conditions (Website T&Cs).
1.Acceptance of Terms
Following an invitation to participate and during your registration for the pilot at www.marketplacer.com (our Site), you will be asked to accept these Terms on behalf of the entity, organization or business that you represent (the seller) at which point the Terms will become legally binding on us and the seller (or if the context requires, you as the individual accepting the Terms on behalf of the seller).
You represent and warrant that: (1) you are an authorized representative of the seller with the authority to bind the seller to these Terms; and (2) the seller agrees to be bound by these Terms. If you cannot agree to everything in the preceding sentence, then you must not register to participate in, or participate in, the pilot.
2. Nature of service
Community is made available at no charge to you for a limited time. It aims to connect sellers interested in selling on marketplaces with e-commerce businesses who operate marketplaces powered by Marketplacer (known as operators). By participating in the pilot, you will be included in a directory of sellers available to operators to search. You will also have the opportunity to search operators to request to sell on their marketplaces.
We may experiment with features or ideas during the pilot with the intention of testing their feasibility for use in possible future iterations of Community. We encourage you to provide feedback to us about your experiences to help to shape our future offering. We will treat any feedback as non-confidential and non-proprietary, and you agree that we may use, profit from, disclose, publish, keep secret, or otherwise exploit that feedback, without compensating or crediting you.
3. Use of service
We require you to use our Community responsibly and only for the purpose for which it is intended, which is to search for and connect with operators. These Terms set out our expectations of you when using Community, which include that you must not:
- breach any laws, regulations, standards or codes;
- infringe any third party’s intellectual property rights, violate moral rights or breach any obligation of confidentiality you owe to a third party;
- harvest information about participants in the pilot; or
- distribute or transmit any “spamming material” or any other form of bulk communication, whether commercial in nature or not.
4. Privacy and Security
We will use the information you provide during registration or that we otherwise collect in connection with the pilot in accordance with our Community Privacy Policy and our Website Privacy Policy.
Sellers are responsible for:
- maintaining and updating their own operating systems, Internet browsers, anti-virus software, or other software that they use to access Community; and
- safeguarding usernames, passwords or other credentials used to access Community and for any activity occurring in the Seller’s account.
- harvest information about participants in the pilot; or
- distribute or transmit any “spamming material” or any other form of bulk communication, whether commercial in nature or not.
5. Intellectual Property
You hereby consent to Marketplacer using your name, logo and other information you provide to us to identify you as a seller in Community and in our related marketing and promotional materials, including on our Site.
6. Limitation of liability
To the maximum extent permitted by law, in no event shall we be liable for damages of any kind (including, but not limited to, special, incidental, or consequential damages, lost profits, or lost data, regardless of the foreseeability of those damages) arising out of or in connection with your use of, or inability to use, this Site, whether such damages arise from a breach of contract, tort or any other legal claim under any jurisdiction at law or in equity.
7. Governing law
If your principal place of business is in the United States of America:
- the Marketplacer party to these Terms is Marketplacer LLC, a Delaware corporation;
- these Terms are governed by the laws of Delaware, United States of America; and
- each party submits to the exclusive jurisdiction of the courts of Delaware, United States of America, in relation to any proceedings connected with these Terms.
If your principal place of business is anywhere other than the United States of America, including in Australia:
- the Marketplacer party to these Terms is Marketplacer Pty Ltd (ABN 40 161 625 789);
- these Terms are governed by the laws of the state of Victoria, Australia; and
- each party submits to the exclusive jurisdiction of the courts of Victoria, Australia in relation to any proceedings connected with these Terms.
9. Termination of pilot
You acknowledge that we make no commitments regarding the ongoing availability of the pilot or Community. We may terminate the pilot at any time. We will communicate the end of the pilot with you by email.
10.Amendments to these Terms
We may at our sole discretion amend these Terms from time to time. The most recent version of these Terms will be accessible on the Site. If we make material changes to the Terms (materiality to be determined by us acting reasonably), we will also inform you of these changes by email.
11.Contact us
If you have questions regarding these Terms, please contact us at community@marketplacer.com or by post to:
MARKETPLACER COMMUNITY
PO Box 37
Williamstown
VIC 3016 Australia