Marketplacer Community Terms of Service – Operators

Last updated : 1 April 2023

These Terms of Service (Terms) govern your participation in Marketplacer’s community of sellers and operators known as the Marketplacer Seller Community (our Community for the purposes of these Terms of Service) and should be read together with the Marketplacer Website Terms and Conditions (Website T&Cs).

1. Acceptance of Terms

When you register for Community 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 operator) at which point the Terms will become legally binding on us and the operator (or if the context requires, you as the individual accepting the Terms on behalf of the operator).

You represent and warrant that: (1) you are an authorized representative of the operator with the authority to bind the operator to these Terms; and (2) the operator 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, Community.

If you do not agree to these Terms or otherwise do not agree to participate in Community, you must notify us at community@marketplacer.com and ask to be removed from the Community.

2. Nature of service

Community aims to connect sellers interested in selling on marketplaces (sellers) with e-commerce businesses who operate marketplaces powered by Marketplacer (known as operators). By participating in Community, you will be able to search our directory of sellers to identify potential opportunities to grow your marketplace. Community is made available by Marketplacer at no charge to you. 

Marketplacer’s adaptable architecture is designed to enable sellers and operators to connect their existing eCommerce solutions to the Marketplacer platform. Marketplacer is not responsible for any costs incurred by you, a seller or a channel manager in integration with the Marketplacer platform.

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 connect operators with a genuine interest in adding sellers to its marketplaces with sellers. These Terms set out our expectations of you when using Community, which include that you must not:

• breach any laws, regulations, standards or codes or otherwise conduct your business in a way which could damage our reputation;
• 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 Community; or
• distribute or transmit any “spamming material” or any other form of bulk communication, whether commercial in nature or not.

4. Feedback

We will treat any feedback you provide in relation to Community 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. 

5. Privacy and Security

We will use the information you provide during registration or that we otherwise collect in connection with Community in accordance with our Community Privacy Policy.

Operators 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

6. Intellectual Property

You hereby consent to Marketplacer using your name, logo and other information you provide to us to identify you as an operator in Community and in our related marketing and promotional materials, including on our Site.

7. 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.

You acknowledge that Marketplacer is not the provider of any seller’s services or any channel manager’s services and has no liability for the acts or omissions of the seller or channel manager. Prior to selling a seller’s products on your marketplace, the seller or channel manager may require you to enter into an agreement on its own terms and conditions, which you may choose to accept or decline at your discretion.

8. 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 in the United Kingdom or Europe:

• the Marketplacer party to these Terms is Marketplacer (UK) Limited;
• these Terms are governed by the laws of England and Wales; and
• each party submits to the exclusive jurisdiction of the courts of England and Wales, in relation to any proceedings connected with these Terms.

If your principal place of business is in the United Kingdom or Europe:

• 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 Community

You acknowledge that we make no commitments regarding the ongoing availability of our free Community service.  We may terminate Community at any time. We will communicate the end of Community with you by email using the email address you provide to us on registration (unless you otherwise notify us of a change of email address). Marketplacer also reserves the right to change, discontinue, or deprecate the offering of any functionality of Community at any time for any reason.

10. 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