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 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, Community.
If you do not agree to these Terms or otherwise do not agree to participate in Community, you must notify us at email@example.com and ask to be removed from the Community.
2. Nature of service
Community 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 Community, you will be included in a directory of sellers available to operators to search and contact you in relation to potential opportunities to sell your products on operator marketplaces. 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 or an operator 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 sellers with a genuine interest in selling on operator marketplaces 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 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.
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
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.
6. 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.
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 the operator’s marketplace and has no liability for the acts or omissions of the operator. Prior to selling your products on the operator’s marketplace, the operator 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 anywhere other than the United States of America, the United Kingdom or Europe, 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 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 firstname.lastname@example.org or by post to:
PO Box 37
VIC 3016 Australia