This General Terms of Service Agreement (the “Agreement”) is a legal agreement made and entered into as of the date of your acceptance of this Agreement (the “Effective Date”) by and between You and YESTECH SOLUTION 9SL) LTD owners of the marketPlace Wholesale App, a private company in Sierra Leone with its principal place of business located at 18b Gooding Drive, off Regent road, Lumley
MarketPlace provides the MarketPlace Services and the MarketPlace Sites and Apps subject to these Terms & Conditions, any terms, conditions, or policies otherwise contained on the MarketPlace Sites, any terms, conditions, or policies contained in any Promotion (as defined below), and any updates to any such terms, conditions or policies (collectively, the “Terms”).
BY ACCESSING OR USING THE MARKETPLACE SERVICES OR THE MARKETPLACE SITES OR APPS , YOU AGREE TO THESE TERMS; IF YOU DO NOT AGREE, DO NOT USE THE MARKETPLACE SERVICES OR THE MARKETPLACE SITES OR APPS. IF YOU VIOLATE THE TERMS, YOUR ACCESS TO AND USE OF THE MARKETPLACE SERVICES AND THE MARKETPLACE SITES AND APPS IS UNAUTHORIZED.
IMPORTANT: PLEASE NOTE THAT THESE TERMS INCLUDE YOUR AGREEMENT TO ARBITRATE CONTROVERSIES. BY USING THE MARKETPLACE SERVICES AND/OR THE MARKETPLACE SITES, YOU AGREE TO RESOLVE ANY DISPUTE WITH US THROUGH BINDING ARBITRATION, RATHER THAN IN COURT, AND YOU WAIVE CERTAIN RIGHTS TO PARTICIPATE IN CLASS ACTION LAWSUITS. TO REVIEW OUR ARBITRATION PROVISIONS, PLEASE CHECK ON THE CLAUSE TITLED ABAITRATION IN THIS TERMS AND CONDITIONS.
1.UPDATES TO THE TERMS
We may, at any time, revise, change, or otherwise update the Terms. The effective version of the Terms will be available for your review on the MarketPlace Sites or Apps.
Your continued access or use of any MarketPlace Service or MarketPlace Sites or Apps following the posting and/or distribution of a revised, updated, or changed version of the Terms, will mean that you agree to the revised, updated, and/or changed Terms.
2.REGISTERING YOUR ACCOUNT
To make a purchase with marketPlace, you must create an account and meet the other requirements established in these Terms. By creating an account, you agree that all of your account information is true and complete, and you will keep your account information current. When you establish a MarketPlace account, a password will also be created to enable you to access and use certain portions of the MarketPlace Services and the MarketPlace Apps
You agree to keep your username and password confidential, that you are solely responsible for maintaining the confidentiality of your username and password, and that you are solely responsible for restricting access to your computer(s) or mobile device(s). You agree to access the MarketPlace Services and/or the MarketPlace Sites or Apps from devices that have up-to-date operating systems and security software. You agree not to allow anybody else to use your account, including in any way that is meant to circumvent these Terms. Each time a valid password is used with your account, you will be deemed to be authorized to access and use the MarketPlace Services or the MarketPlace Apps in a manner consistent with the Terms, and we have no obligation to investigate the authorization or source of any such access or use of the MarketPlace Services or the MarketPlace App. You agree that you will be responsible for all activities that occur under your account or password, including, without limitation, purchases made, and anything else that occurs, through your account, whether or not such access to and use of the MarketPlace Services and/or the MarketPlace App is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including without limitation, financial obligations) incurred through such access or use.
YOU ASSUME THE ENTIRE RISK FOR THE FRAUDULENT, UNAUTHORIZED, OR OTHERWISE IMPROPER USE OF YOUR PASSWORD. WE SHALL BE ENTITLED TO RELY ON THE GENUINENESS AND AUTHORITY OF ALL INSTRUCTIONS RECEIVED BY US WHEN ACCOMPANIED BY SUCH PASSWORD, AND TO ACT ON SUCH INSTRUCTIONS.
In order to mitigate damages, if you believe someone placed an unauthorized order on your behalf, you agree to notify us immediately of any suspected unauthorized activity on your account by sending an email to support@marketPlace.yestechsl.com
3. USE OF THE MARKETPLACE SITES AND APPS
We want to set some ground rules for your use of the MarketPlace Services and the MarketPlace Sites and Apps, your account, or Promotions that we provide, and/or your interactions with us, other MarketPlace customers, or any third party that provides us services. Without limiting anything else in these Terms, you agree that, without our consent, you will not:
We reserve the right to refuse service, terminate accounts, suspend accounts, prevent the application of a Promotion, remove or edit content or products, cancel orders at any time and in our sole discretion, and/or take any other legal action available to us under the Terms or at law, including, without limitation, if we believe that your conduct violates the Terms, applicable law, is harmful to our interests, or is against, without limitation, the spirit of the Terms, the MarketPlace Services, the MarketPlace Sites and Apps, or a particular Promotion.
Age Restrictions
By using the MarketPlace Sites or Apps, you represent and warrant that you are either at least 18 years of age or are using a MarketPlace Site and App under the supervision of a parent or guardian. If you are under 18 years of age, but over 16 years of age, then you may only use the MarketPlace Sites with the express affirmative permission and continued supervision of a parent or guardian
4.PRICING, TAXES, ORDER REQUIREMENTS
Pricing and Reported Savings
MarketPlace continuously works to offer competitive prices on everything we carry. From time to time, prices are subject to change in our sole discretion. In certain instances and for certain products, we may also report suggested savings as a percentage. The percentage savings we report are based on a comparison of prices for single or retail sizes of products available on the MarketPlace Sites against the prices for equivalent or similar single or retail sizes available on national e-commerce retail websites and mobile applications.
Fees
From time to time, additional fees may be applied to your purchase of select items on the MarketPlace Sites, which may include, for example, specialty fees, fees for Express or other MarketPlace Services, cold pack delivery or other fees. Any such fees will be disclosed on the product page or at checkout, if applicable. If you do not agree to pay the fees, you will not be able to purchase these select items.
Taxes
Items sold on the MarketPlace Sites/Apps or through the MarketPlace Services may be subject to tax, governmental charges, or deposit fees. In most cases, prior to submitting your purchase request, you will see an estimate of the taxes and other fees to be collected on your order. This amount will depend on various factors, including the items purchased, the shipment destination, and, in certain circumstances, the identity of the seller (if not MarketPlace ). In certain limited circumstances and for certain third-party sellers, the tax amount may be included in the price of a product.
With respect to those products that are not sold by MarketPlace , such products will be subject to tax based on the sales tax collection obligations of the applicable seller. Applicable tax on such orders will be applied to the item price indicated by the seller. For these items, savings amounts will not always reduce the price at which tax is charged.
Shipping
MarketPlace only ships to cities in Sierra Leone with third part delivery companies. We will share your delivery information (name, location/address and phone number) with the Delivery Service for the sole purpose of facilitating the delivery of your MarketPlace order to you.
The exact delivery date of your order may depend on several factors, including, without limitation, the date and time you place your order, the schedules and processes of our shipping partners, holiday schedules, weather, and other factors. Even though we try to anticipate delays, we cannot predict or always prepare for delays caused by carriers, mistakes in delivery or shipment information, changes to orders, strikes, bad weather, or other similar circumstances. Your order may arrive in one or several boxes over the course of one or more days. If there is a delay, we will do whatever we can to help move things along, although we cannot promise we’ll be able to resolve the delay. When you receive your order, remember to use discretion when lifting boxes and removing items. From time to time, we receive requests to pack orders in multiple boxes. We cannot guarantee that we can or will fulfill such requests. MarketPlace is not responsible for orders that are lost or stolen. If you have questions about your delivery, please contact us at support@marketPlace.yestechsl.com
Minimum or Maximum Order Requirements and Free Shipping
We and our partners may, in our sole discretion, set and adjust minimum (or maximum) quantity and/or price requirements from time to time for any order or attempted order placed on the MarketPlace Sites or Apps.
We and our partners may also, in our sole discretion, set and adjust minimum (or maximum) quantity and/or price requirements from time to time for any user to receive free shipping on any order placed on the MarketPlace Sites or Apps, which quantity and price requirements may be lower in connection with certain Promotions.
Fees
From time to time, additional fees may be applied to your purchase of select items on the MarketPlace Sites/Apps, which may include, for example, specialty fees, fees for Express or other MarketPlace Services, cold pack delivery or other fees. Any such fees will be disclosed on the product page or at checkout, if applicable. If you do not agree to pay the fees, you will not be able to purchase these select items.
5. INFORMATION AND PRODUCT DESCRIPTIONS
We may include product descriptions on the MarketPlace Sites or in the MarketPlace Services. We do not, however, represent or warrant that any such product descriptions, including weight and size, or other such statements or content are accurate, complete, reliable, current, or error-free. Product images used on the MarketPlace Sites are intended to represent brands or types of products and may not represent the exact size, flavor, type, quantity, or other specific details about the product you are purchasing. We do our best to keep images of product packaging up-to-date on the MarketPlace Sites, but you may receive a product with different packaging when there is a change from the manufacturer. If you believe a product offered on the MarketPlace Sites, or through the MarketPlace Services, is not as described, your only remedy is to return it in unused condition or to seek redress from the manufacturer.
If you find a description in poor taste, please notify support@marketPlace.yestechsl.com and it may be edited in our sole discretion.
Submissions or opinions expressed in any of the MarketPlace Services or the MarketPlace Sites/ Appsare that of the individual expressing such submission or opinion and may not reflect our opinions. Unless we expressly state otherwise, we do not endorse any submission or opinion expressed by a third party in any of the MarketPlace Services or the MarketPlace Sites/ Apps. Unless we expressly state otherwise, the fact that MarketPlace has provided a link to a site is not an endorsement of the service or site, its content or its sponsoring organizations. We do not assume any responsibility or liability for the actions, product and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
Any product representations or warranties expressed in any of the MarketPlace Services or the MarketPlace Sites/ Appsare that of the vendor, manufacturer, distributor or supplier and are not made by us. Such representations and warranties include, but are not limited to, vendor promises visible on the packaging of the product and hence in the product image within the any of the MarketPlace Services or the MarketPlace Sites/ Apps.
Our fulfillment centers handle and store a variety of products, including products made with known food allergens. We do not separate products based on their listed ingredients.
The MarketPlace Services and/or the MarketPlace Sites may make available certain data, news, research, statistics, stories, product descriptions, labels, ingredient lists, product photographs, other photographs, opinions, or other information (collectively “Information”) that we may have prepared ourselves or that may have been prepared independently by and obtained by MarketPlace from manufacturers, vendors, suppliers, other services, news wires, statistics providers, journalists, authors, and other providers (collectively the “Information Providers”). We do not represent, warrant, guarantee, or certify the accuracy, completeness, reliability, timeliness, or correct sequencing of the Information made available on the MarketPlace Sites or through the MarketPlace Services. You agree that MarketPlace and the Information Providers shall not be liable in any way for the inaccuracy, incompleteness, untimeliness, or incorrect sequencing of the Information, or for any decision made or action taken by you relying upon the Information. You further agree that neither MarketPlace , nor the Information Providers will be liable in any way for the interruption of any data, Information or other aspect of the Sites. You understand that none of the Information available through the MarketPlace Services or the MarketPlace Sites/ Appsconstitutes a recommendation or solicitation to take or not take any action.
DISCLAIMER: ALTHOUGH WE WORK TO ENSURE THAT PRODUCT INFORMATION IS ACCURATE, ON OCCASION MANUFACTURERS MAY ALTER THEIR INGREDIENT LISTS AND ACTUAL PRODUCT CONSISTENCY, PACKAGING, AND MATERIALS MAY DIFFER FROM THE PRODUCT DESCRIPTIONS.
PRODUCTS MAY CONTAIN MORE AND/OR DIFFERENT INGREDIENTS THAN THE INFORMATION SHOWN ON OUR SITES. WE RECOMMEND THAT YOU DO NOT SOLELY RELY ON THE INFORMATION PRESENTED AND THAT YOU PLEASE ALWAYS READ LABELS, WARNINGS, AND DIRECTIONS PROVIDED ON PRODUCT PACKAGING BEFORE USING OR CONSUMING A PRODUCT. FOR ADDITIONAL INFORMATION ABOUT A PRODUCT, PLEASE CONTACT THE MANUFACTURER.
DISCLAIMER: CONTENT PROVIDED THROUGH THE MARKETPLACE SERVICES OR ON THE MARKETPLACE SITES IS FOR REFERENCE PURPOSES AND IS NOT INTENDED TO SUBSTITUTE THE ADVICE OF A PHYSICIAN, PHARMACIST, OR OTHER LICENSED HEALTH-CARE PROFESSIONAL. YOU SHOULD NOT USE THIS INFORMATION AS SELF-DIAGNOSIS OR FOR TREATING A HEALTH PROBLEM OR DISEASE. CONTACT YOUR HEALTH-CARE PROVIDER IMMEDIATELY IF YOU SUSPECT THAT YOU HAVE A MEDICAL PROBLEM. INFORMATION AND STATEMENTS REGARDING DIETARY SUPPLEMENTS HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE OR HEALTH CONDITION. WE ASSUME NO LIABILITY FOR INACCURACIES OR MISSTATEMENTS ABOUT PRODUCTS MADE THROUGH THE MARKETPLACE SERVICES OR ON THE MARKETPLACE SITES.
6. OUT OF STOCKS
If a product you have selected is not in stock, we reserve the right to, at our discretion, replace the product with an equivalent or similar product, provide you with a credit to your account for the amount paid for such item, or refund you for the item. “Equivalent” or “similar” items may be the same brand but a different type, size or flavor, or may be the same type of product but a different brand, size or flavor. Price adjustments for alternate products will not be requested by us nor extended to you in the event of a product substitution.
7. REVIEWS, COMMUNICATIONS, AND CONTENT
The MarketPlace Sites may permit you, from time-to-time, to post reviews, pictures, comments and other content; send referral messages or information; and submit suggestions, ideas, comments, questions or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, abusive of the character margins, an obscene image derived from keyboard characters, infringing of intellectual property rights or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, chain letters, mass mailings or any form of “spam.” MarketPlace may, and it reserves its right to, remove or edit any such content, even though it is under no obligation to review, remove or edit such posted content.
You acknowledge that you are responsible for all materials you submit to MarketPlace through the MarketPlace Services, on the MarketPlace Sites or on other electronic communications (including through any part of MarketPlace administered by third parties like Facebook, Instagram, other social media platforms and the tools that allow you to interact with MarketPlace or the MarketPlace Sites through these social media platforms). This means you are responsible for the legality, accuracy, appropriateness, originality, and copyright of any such material you submit.
Unless we indicate otherwise, by submitting any content, you represent and warrant that: (1) the content is accurate; (2) use of the content you supply does not violate these Terms; and (3) you own or otherwise control all the rights to the content that you post. MarketPlace may, and it reserves its right to, remove or edit any such content, even though it is under no obligation to review, remove or edit such posted content.
Unless we indicate otherwise, if you submit any material to us, post any material on the MarketPlace Sites and/or provide us, including without limitation, ideas, know-how, techniques, questions, reviews, images, videos, comments, and suggestions (collectively, “Submissions”), you agree that such Submissions shall be treated as non-confidential and nonproprietary and you agree that you grant to MarketPlace an royalty-free, worldwide, perpetual, irrevocable and fully transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form and in any media, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become our sole and exclusive property and shall not be returned to you. You further agree that MarketPlace is free to use any ideas, concepts, feedback, and know-how you provide to MarketPlace . You grant MarketPlace the right to use the name you submit in connection with such Submissions if we choose.
Without limiting any of the foregoing, MarketPlace is free to use any ideas, concepts, know-how or techniques contained in any Submissions you send to MarketPlace for any purpose whatsoever, including, but not limited to, developing and marketing products using such information.
MarketPlace does not endorse any submitted content or opinions on the MarketPlace Sites or through the MarketPlace Services and such submissions are that of the user expressing them.
8. INTELLECTUAL PROPERTY
All text, data, graphics, button icons, images, audio clips, and software (collectively, “Content”) on the MarketPlace Sites are the exclusive intellectual property of MarketPlace , are licensed to MarketPlace by third parties, or are otherwise permitted to be used by MarketPlace . The collection, arrangement, and assembly of all Content on the MarketPlace Sites (the “Compilation”) belongs exclusively to MarketPlace . The MarketPlace Services and the MarketPlace Sites, their Content and Compilation, and all software used therein is owned by, licensed to, or otherwise permitted to be used by MarketPlace and all owned intellectual property is protected by United States Copyright Act of 1976, as amended, Title 35 of the United States Code, each other applicable domestic law and all applicable intellectual property laws of other countries. All software used in any of the MarketPlace Services or the MarketPlace Sites/ Apps(the “Software”) is the property of MarketPlace or its Software suppliers, which is also protected by U.S. and international copyright laws. MarketPlace , MarketPlace .com, MarketPlace Wholesale and other logos, slogans, trade names or words are trademarks and, in some cases, are pending registration.
The use of any of MarketPlace ’s Intellectual Property (as defined below), or the Intellectual Property of third parties that appears on the MarketPlace Sites, or in the MarketPlace Services, without our express written consent, or the express written consent of such third parties, is strictly prohibited. “Intellectual Property” includes, but is not limited to, all Content, Compilation, Software, logos, slogans, trade names, meta tags, and all other copyrighted information, trademarks or service marks, trade secrets, and patents.
9. DISCLAIMER OF WARRANTIES
Important: This section is important because it is a disclaimer by MarketPlace of certain warranties and liabilities. You understand and agree that MarketPlace will not assume responsibility for many items. We love our customers and we will always to try to do our best for each them, subject to all of the Terms and, specifically, these disclaimers.
THIS DISCLAIMER SECTION IS AN ESSENTIAL PART OF THE TERMS AND THIS AGREEMENT. THIS DISCLAIMER SECTION DOES NOT APPLY TO ANY PRODUCT WARRANTY MADE TO YOU BY THE MANUFACTURER OF THE PRODUCT.
THE MARKETPLACE SERVICES, THE MARKETPLACE SITES, AND ALL INFORMATION, SOFTWARE, CONTENT, MATERIALS, ITEMS, ADVICE, AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MARKETPLACE SERVICES OR THE MARKETPLACE SITES/ APPSARE PROVIDED SOLELY ON AN 'AS IS' AND 'AS AVAILABLE' BASIS AND, THEREFORE, YOUR USE OF THE MARKETPLACE SERVICES AND/OR THE MARKETPLACE SITES IS AT YOUR RISK. MARKETPLACE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE MARKETPLACE SERVICES, THE MARKETPLACE SITES OR ANY INFORMATION, SOFTWARE, CONTENT, MATERIALS, ITEMS, ADVICE, AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MARKETPLACE SERVICES OR THE MARKETPLACE SITES/ APPS.
WE DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL WARRANTIES OF ANY KIND IN CONNECTION WITH THE USE OF THE MARKETPLACE SERVICES AND/OR THE MARKETPLACE SITES, WHETHER EXPRESS OR IMPLIED. THESE DISCLAIMERS INCLUDE, WITHOUT LIMITATION: THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; ANY WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE MARKETPLACE SERVICES OR THE MARKETPLACE SITES/ APPSWILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS; THAT THE MARKETPLACE SERVICES OR THE MARKETPLACE SITES/ APPSWILL BE SECURE; THAT THE MARKETPLACE SERVICES, THE MARKETPLACE SITES OR THE SERVERS THAT MAKE THE MARKETPLACE SERVICES AND/OR THE MARKETPLACE SITES AVAILABLE WILL BE VIRUS-FREE OR FREE OF OTHER HARMFUL COMPONENTS; THAT COMMUNICATIONS SENT FROM THE MARKETPLACE SERVICES, THE MARKETPLACE SITES, OR THIRD PARTIES WORKING ON BEHALF OF MARKETPLACE ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS; AND THAT THE MARKETPLACE SERVICES, THE MARKETPLACE SITES, OR ANY INFORMATION, SOFTWARE, CONTENT, MATERIALS, ITEMS, ADVICE, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MARKETPLACE SERVICES, THE MARKETPLACE SITES, SERVERS, OR ELECTRONIC COMMUNICATIONS SENT FROM MARKETPLACE OR THIRD PARTIES WORKING ON BEHALF OF MARKETPLACE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT:
NOTHING IN THIS SECTION SHALL EXCLUDE OR LIMIT THESE WARRANTIES, REPRESENTATIONS OR CONDITIONS TO THE EXTENT THEY MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW, IN WHICH CASE, SUCH WARRANTIES, REPRESENTATIONS OR CONDITIONS WILL BE EXCLUDED AND LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
10. LIMITATION OF LIABILITY
Important: this Section is important because it explains how, and the extent to which, MarketPlace limits many of its liabilities. Like many other companies, MarketPlace limits its liabilities for various reasons, including because it helps us to provide the MarketPlace Services and the MarketPlace Sites in an efficient and user-friendly manner.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER MARKETPLACE NOR ITS EMPLOYEES, BOARD OF DIRECTORS, OFFICERS, INVESTORS, REPRESENTATIVES, SUPPLIERS, OR THIRD PARTY SERVICE PROVIDERS WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, CONSEQUENTIAL, SPECIAL DAMAGES, LOSS OF REVENUE OR INCOME, LOST PROFITS, EXEMPLARY, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY, ARISING FROM: (i) THE USE OF ANY OF THE MARKETPLACE SERVICES, THE MARKETPLACE SITES, OR INFORMATION, SOFTWARE, CONTENT, COMPILATIONS, AND OTHER SERVICES INCLUDED ON, OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MARKETPLACE SERVICES OR THE MARKETPLACE SITES/ APPS; (ii) ANY CONTENT POSTED ON THE MARKETPLACE SITES OR AVAILABLE THROUGH THE MARKETPLACE SERVICES (INCLUDING CLAIMS OF INFRINGEMENT RELATING TO THAT CONTENT); (iii) THE MARKETPLACE SERVICES, THE MARKETPLACE SITES OR ANY OTHER SITES YOU ACCESS THROUGH A LINK FROM THE MARKETPLACE SITES; (iv) THE CONDUCT OF THIRD PARTIES ON OR THROUGH THE MARKETPLACE SERVICES OR THE MARKETPLACE SITES/ APPS; (v) ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US; (vi) ANY DELAY IN OR INABILITY TO USE THE MARKETPLACE SERVICES OR THE MARKETPLACE SITES/ APPSOR ANY INFORMATION, ITEMS, OR SERVICES ADVERTISED ON OR OBTAINED THROUGH THE MARKETPLACE SERVICES OR THE MARKETPLACE SITES/ APPS; (vii) MARKETPLACE ’S REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON THROUGH THE MARKETPLACE SERVICES AND THE MARKETPLACE SITES; (viii) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY SELLER, SHOPPER, OR OTHER USER OF THE MARKETPLACE SERVICES AND/OR THE MARKETPLACE SITES; (ix) ANY ACT OR OMISSION OF YOU, MARKETPLACE , OR ANY THIRD PARTY ON THE MARKETPLACE AT OR ON PHYSICAL PREMISED OWNED, OPERATED, MAINTAINED, LICENSED, OR USED BY MARKETPLACE , INCLUDING IN CONNECTION WITH THE PICKUP OF ANY PRODUCTS OFFERED ON THE MARKETPLACE SITES BY YOU AT ANY MARKETPLACE FULFILLMENT CENTER OR PARTICIPATION IN ANY EVENT, CONTEST, SWEEPSTAKE, PROMOTION, OR OTHER SIMILAR ACTIVITY CONDUCTED AT A PHYSICAL LOCATION; OR (x) OTHERWISE ARISING OUT OF YOUR USE OF THE MARKETPLACE SITES, IN EACH CASE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF MARKETPLACE , ITS SUPPLIERS, THIRD PARTY CONTENT PROVIDERS, OR ANY OTHER PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, MARKETPLACE SHALL NOT BE RESPONSIBLE FOR ANY ACTIONS YOU MAY OR MAY NOT TAKE AS A RESULT OF USING THE MARKETPLACE SERVICES OR THE MARKETPLACE SITES/ APPS, AND YOU EXPRESSLY AGREE THAT YOUR USE OF THE MARKETPLACE SERVICES AND THE MARKETPLACE SITES IS AT YOUR SOLE RISK. PLEASE DO NOT USE THE MARKETPLACE SERVICES AND/OR THE MARKETPLACE SITES WHILE DRIVING OR OPERATING HEAVY MACHINERY.
THIS SECTION 13 AND LIMITATION APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, ANY THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS, OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS.
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
THIS SECTION 13 DOES NOT PREVENT A RIGHT BY A RESIDENT OF THE STATE OF NEW JERSEY TO RECOVER CERTAIN DAMAGES (INCLUDING PUNITIVE DAMAGES AND EXEMPLARY DAMAGES) NOR DOES IT LIMIT MARKETPLACE ’S TORT LIABILITY UNDER NEW JERSEY LAW RESULTING FROM MARKETPLACE ’S OWN INTENTIONAL OR RECKLESS CONDUCT.
YOU AGREE THAT, IF ANY PORTION OF THIS SECTION 13 IS FOUND INVALID, VOID, OR FOR ANY REASON UNENFORCEABLE, MARKETPLACE ’S TOTAL LIABILITY TO YOU FOR DAMAGES OF ANY KIND REGARDING THE USE OF THE MARKETPLACE SERVICES OR THE MARKETPLACE SITES/ APPS(REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED THE VALUE OF A REFUND FOR ANY PRODUCT THAT IS RETURNED BY YOU TO MARKETPLACE . THIS LIMITATION EXPRESSLY APPLIES ONLY TO ECONOMIC DAMAGES ARISING FROM THE USE OF THE MARKETPLACE SERVICES AND SITES, AND DOES NOT APPLY TO PERSONAL INJURY OR ANY INJURY CAUSED BY ALLEGED FRAUD OF MARKETPLACE .
11. INDEMNIFICATION
You agree, to the fullest extent permitted by law, to indemnify and hold MarketPlace and its affiliates, officers, directors, representatives, members, shareholders, agents, suppliers, distributors, employees, service or third party providers, contractors, subcontractors, and licensors harmless from any claim, demand, damages, penalties, fines, costs, amounts paid in settlement, liabilities, obligations, taxes, liens, losses, expenses, fees and court costs and reasonable attorneys’ fees and expenses incurred in connection with any litigation made by any third party arising from: (i) your use of and access of the MarketPlace Services or the MarketPlace Sites/ Apps, including in connection with your presence on any physical property owned, operated, licensed, or maintained by MarketPlace from time to time; (ii) your violation of any term of the Terms; (iii) your violation of law or of any third party right, including without limitation infringement of the rights of a third party or of any copyright, property, or privacy right; (iv) any claims resulting from content you supply; (v) your unconscionable commercial conduct; or (vi) any other claim that your use of the MarketPlace Services or the MarketPlace Sites/ Appscaused damage to a third party. MarketPlace reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with MarketPlace if and as requested by MarketPlace in the defense of such matter.
12. RISK OF LOSS
All goods and products purchased by you from MarketPlace are delivered pursuant to a shipment contract by a third-party package delivery company. We shall use commercially reasonable efforts to ensure the performance of such third-party suppliers and shipping companies, but shall not be responsible for their failure or for their other acts or omissions.
13. RETURN POLICY
To avoid potential risks of contamination during the Covid-19 pandemic, we are not accepting returns at this time. This temporary change is in place until further notice.
14. MODIFICATIONS TO THE MARKETPLACE SERVICES, THE MARKETPLACE SITES, AND TERMS
MarketPlace reserves the right to terminate, modify, cancel or discontinue, temporarily or permanently, all or any portion of the MarketPlace Services and/or the MarketPlace Sites with or without notice. MarketPlace also reserves the right to terminate, discontinue, modify or cancel any or all Promotions, including, without limitation Promo Codes and the Cash Rewards program, MarketPlace Up, MarketPlace subscription services, and/or the Terms, terms, any policy, FAQ, and/or guideline pertaining to the use of the MarketPlace Services, the MarketPlace Sites, and/or any Promotion, product, or service at any time and in its sole discretion without notice to you. Any changes or modifications to any of the foregoing will be effective immediately upon posting the revisions on the MarketPlace Sites or through the MarketPlace Services. As stated above, your use of the MarketPlace Sites, MarketPlace Services, any Promotion, Cash Rewards, MarketPlace Up, MarketPlace subscription services, or any other product or service confirms your acceptance of the Terms and any such changes or modifications.
15. MARKETPLACE MOBILE APPLICATIONS
iOS App
If you use the MarketPlace iOS app, your use of the MarketPlace Sites and MarketPlace Services is subject to this section.
Acknowledgment. Apple requires you to agree to certain terms. By using our iOS App, you acknowledge and agree that: (i) these Terms are concluded between you and MarketPlace only, and Apple is not a party to these Terms; (ii) as between MarketPlace and Apple, it is MarketPlace that is responsible for MarketPlace ’s iOS app and the content thereof; (iii) Apple is not responsible for addressing any claims you have or any claims of any third party relating to the MarketPlace iOS app or your possession and use of the MarketPlace iOS app, including, but not limited to (a) product warranty or liability claims, (b) any claim that the MarketPlace iOS app fails to conform to any applicable legal or regulatory requirement, or (c) claims arising under consumer protection or similar legislation; and (iv) Apple has no obligation to furnish you with any maintenance or support services with respect to the MarketPlace iOS app.
Use of the MarketPlace iOS App. In addition to the provisions of the “Access and License” section, you must use the MarketPlace iOS app only on an Apple-branded product that runs iOS and any license granted to use the MarketPlace iOS App pursuant to these Terms are limited to a non-transferable license to use the MarketPlace iOS App on an iPhone, iPad or iPod Touch that you own and control. Your use of the MarketPlace iOS app must comply with the terms of use applicable to the Apple source from which you obtain it (including the Usage Rules set forth in the Apple App Store Terms of Service). In the event our Terms of use of the MarketPlace iOS app are less restrictive than, or are otherwise in conflict with, Apple’s Usage Rules set forth for Licensed Applications in the App Store Terms of Service, then Apple’s Usage Rules (which you acknowledge you have reviewed) shall control.
In the event of any failure of the MarketPlace iOS app to conform to any applicable warranty that has not been effectively disclaimed by these Terms, you may notify Apple, and Apple will refund the purchase price for the MarketPlace iOS app (if any) to you; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the MarketPlace iOS app, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty of MarketPlace will be MarketPlace ’s responsibility, but only to the extent provided by these Terms. Please review these Terms in their entirety as they limit our liability as it pertains to this section and otherwise.
Apple as Third-Party Beneficiary. Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms with respect to your compliance with this section. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third-party beneficiary thereof.
Maintenance and Support. Except as set forth above and to the extent required by applicable law, MarketPlace , and not Apple, is responsible for providing maintenance and support services with respect to the MarketPlace iOS app.
Intellectual Property Rights. You acknowledge that, in the event of any third-party claim that the MarketPlace iOS App or your possession and use of the MarketPlace iOS app infringes that third party’s intellectual property rights, MarketPlace , not Apple, will be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
The MarketPlace app from Google Play Store
If you use the App from Google, Inc. or one of its affiliates or successors (“Google”) available through Google Play, your use of the MarketPlace Sites and MarketPlace Services is subject to this section. If there is any conflict between these Terms and the Google Play Developer Distribution Agreement and such other terms which Google designates as default end user license terms for Google Play (collectively, the “Google Play Terms”), the Google Play Terms shall apply.
16. TERMINATION AND EFFECT OF TERMINATION
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Terms and/or or terminate or revoke any or all your rights granted under the Terms. Upon any such termination, you shall immediately cease all access to and use of the MarketPlace Services and the MarketPlace Sites and we shall, in addition to any other legal or equitable remedies, immediately revoke all usernames, password(s), and account identification issued to you and deny your access to and use of the MarketPlace Services, the MarketPlace Sites, MarketPlace subscription services, and any Promotions, products, or other services in whole or in part. Any termination of the Terms shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
17. SEVERABILITY
The provisions of the Terms are intended to be interpreted in a manner which makes them valid, legal, and enforceable. If any provision of the Terms is found to be partially or wholly invalid, illegal or unenforceable, such provision shall be modified or restricted to the extent, and in the manner, necessary to render it valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by us, or alternatively, by disposition of an arbitrator or a court of law. If such provision cannot under any circumstances be so modified or restricted, it shall be excised from the Terms without affecting the validity, legality or enforceability of any of the remaining provisions.
18. DISPUTES - AGREEMENT TO ARBITRATE CONTROVERSIES
This Agreement shall be governed by, construed and interpreted in accordance with the laws of the Republic of Sierra Leone . Any dispute or difference whatsoever between the parties which may arise out of or in connection with this Agreement shall be submitted to the courts of the Republic of Sierra Leone .
19. TYPOGRAPHICAL ERRORS
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. We shall have the right to refuse or cancel any such orders, even if the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall, within a reasonably practicable amount of time, issue a credit to your credit card account in the amount of the charge.
20. PRODUCT PICK-UP
MarketPlace or its partners may provide you access to certain physical locations from time to time, in the exercise of their sole discretion, for the in-person pick-up of products purchased or marketed on the MarketPlace Sites and the MarketPlace Services. You agree that when on such premises, you will comply with all posted rules, regulations, and applicable laws, pertaining to your presence on, and use of, such premises. MarketPlace , its partners, or a third-party designated by MarketPlace or its partners, may communicate additional rules to you from time to time and your continued presence on the premises will be deemed to indicate your acceptance of such rules. You acknowledge and agree that you shall remain solely liable for all of your actions and omissions taken while present on such premises, and the actions and omissions of any minors accompanying you to the premises. You agree that you are solely responsible, and MarketPlace will have no liability, for any third-party product (i.e., product not purchased from MarketPlace ) that you may bring onto such premises in connection with your pick-up.
You may be asked to present an order confirmation, receipt, or sign a bill of lading (“BOL”) or similar document upon pick-up of products, following which you will assume title and take physical possession of products. For Products picked-up at MarketPlace locations, prices listed on any such document may reflect a price based on a bulk purchase of merchandise; consequently, you agree that any MarketPlace Gift Cards, coupons, Promo Codes, and other discounts or promotions otherwise applicable to the purchase of the same goods offered by MarketPlace shall not apply toward the Products purchased hereunder. MarketPlace warrants that upon release of products sold by MarketPlace to you, MarketPlace will have good title to those products. EXCEPT AS OTHERWISE STATED HEREIN, MARKETPLACE MAKES NO WARRANTY OF ANY KIND WITH REGARD TO THE PRODUCTS OR PRODUCTS MARKETED BY US AND SOLD BY OUR PARTNERS. Unless otherwise prohibited by law, ALL SALES ARE FINAL unless otherwise approved in advance and in writing by MarketPlace . ALL CLAIMS MUST BE SUBMITTED TO MARKETPLACE WITHIN 14 DAYS OF CUSTOMER’S PICK-UP AND ASSUMPTION OF TITLE.
21. SUBSCRIPTIONS
We understand life is hectic! From time to time, you may be able to schedule regular deliveries of your favorite items with a subscription service offered by MarketPlace . More details of MarketPlace ’s subscription services will be shared with you here or on the pages describing and/r or administering or the particular subscription services. By placing an order through a MarketPlace subscription service, you agree to the terms, conditions, limitations and requirements applicable to the subscription service. Without limiting the effect of Section 17, MarketPlace reserves the right to change the subscription service benefits, including any discounts and eligibility used to determine discount amounts, and pricing of products purchased pursuant to your subscription at our sole discretion in accordance with applicable laws (including those laws requiring advanced notice of any such changes). All changes will apply to future orders, including those for current subscriptions.
To subscribe to an eligible product, simply follow the subscription instructions on your account home page, or the product page for the item or items you would like to subscribe to. It’s as simple as that! We will send you a reminder email before each delivery showing you the product(s) and any applicable discount for your upcoming delivery. The prices on your items may change, depending on the price for the selected product(s) at the time your order is processed and shipped, in accordance with applicable laws.
If you have any questions regarding your subscription, or need additional help, you can contact us at support@marketPlace.yestechsl.com
Eligible Products & Offer Details
You can subscribe to eligible products that provide a subscription offer on the MarketPlace Sites. By subscribing to MarketPlace ’s subscription service, MarketPlace will automatically create a new order according to your chosen delivery schedule, and will charge one or more of your payment methods on file, until you modify your subscription, modify your payment methods, or cancel your subscription. The details of a subscription offer may change upon notice to you as you receive deliveries over time. These changes can include item price, minimum order amounts, and shipping charges.
Your MarketPlace subscriptions are unique to you, and you may not assign or transfer any subscription or any of the benefits to a third party without our authorization. MarketPlace ’s subscriptions are void where prohibited.
To skip a delivery or cancel a subscription, email us at support@marketPlace.yestechsl.com at least three (3) business days before your next scheduled ship date.
Discounts & Promotions
MarketPlace may offer subscription discounts and other limited-time promotions on one or more eligible subscription products. If there is a discount applicable to an item, the discount for that item will appear on the product page, and then may only apply if you select the subscription delivery method. MarketPlace may change any discount at any time. Limited-time promotions apply only during their effective dates.
If an item ships before the subscription discount changes, you will receive the old discount on that order; however, the new discount, if any, will apply to future orders. The item price and any applicable discounts will be calculated before your reminder email. The price of the item may decrease or increase between deliveries, but will never be higher than the price shown in your reminder email.
Payment
When your order is processed, MarketPlace will charge you the cost of the item on that day, less any applicable subscription discount, plus any applicable sales taxes and other governmental charges and fees. We’ll apply any eligible promotional credit balances on your MarketPlace customer account toward the balance of your order before charging any remaining balance to your payment method on file.
We will bill your subscription to the payment method used to create your subscription or as otherwise directed by you. If we cannot complete your order with the payment method you used to create your subscription, you authorize us to update your subscription with an alternative payment method in your account and to charge your subscription on that payment method.
Returns
All returns under MarketPlace ’s subscription service are subject to MarketPlace ’s return policy HERE.
Cancellation
Your subscription will remain in effect until it is cancelled. You can cancel at any time through your Account page, or by contacting us at support@marketPlace.yestechsl.com at least three (3) business days before your next scheduled ship date. If you cancel your subscription for an item and then reactivate it, the discount applied when you reactivate the subscription may not be the same as the discount in effect when you cancelled. If the discount percentage for such subscription item changes, the new discount will be applied to your future shipments of that item.
22. FULFILLED BY THIRD PARTIES
Certain products and services marketed on the MarketPlace Sites are stored, shipped, and fulfilled by third-party manufacturers, distributors, suppliers, and/or other independent parties. These products will not be in orders coming directly from a MarketPlace fulfillment center. Instead, they will be shipped to you directly from the third party. MarketPlace will endeavor to identify such relationships on the applicable product pages and/or in the product description, but makes no guarantee, representation, or warranty that all or any products fulfilled by third parties will be so identified. In instances where products fulfilled by third parties are displayed on the MarketPlace Sites, MarketPlace is acting solely in its capacity as marketer to such third parties with respect to the products and services fulfilled by such third parties. Payments may be processed by our third-party payment processor and may be subject to additional terms and conditions.
Once you have placed an order through the MarketPlace Sites for products and services that are fulfilled by parties other than MarketPlace , we will send you an order acknowledgement by email setting out what you have ordered. This is not an order confirmation or acceptance from MarketPlace or the applicable third-parties that will be responsible for fulfilling third-party goods and services market on the MarketPlace Sites, which order confirmation may be issued directly by such third-parties or MarketPlace on such third parties’ behalf.
Certain products and services fulfilled by third-parties may require additional time for delivery, may involve surcharges for shipping, handling, and/or delivery, may require age verification upon delivery, or may have additional requirements imposed by the third party fulfilling the order for these products and services in order to process orders and completed delivery. MarketPlace will endeavor to describe all requirements applicable to such third party products and services, but makes no guarantee, representation, or warranty that all or any requirements applicable to such third-party products and products will be identified, or, if identified, that such identified requirements will be accurate or complete.
Scheduled Delivery Services
Some products and services fulfilled by third parties require scheduled delivery due to their size and weight, the nature of the products and services, or the value of the products and services. These items may include, without limitation, large electronics, furniture, fitness and sporting equipment, jewelry, flowers and plants, recreation vehicles, appliances, yard fixtures, and other bulky items. If scheduled delivery is required, confirm in advance that an adult, age 18 or over (19 or over in AL or NE), with valid government-issued photo identification is available throughout the period of the scheduled delivery. Additional delivery requirements may be required to successfully complete delivery, some items may be delivered separately from other items in your order, and delivery to particular areas of your home may not be available. Failure to meet any minimum delivery and acceptance requirements communicated to you may result in additional shipping, handling, and/or delivery charges.
In-Home Delivery
Without limiting MarketPlace ’s limitation of liability in Section 13, in the event that the fulfillment and/or delivery of any third-party products and services require access to or entry into your premises, you agree that MarketPlace shall have no responsibility or liability whatsoever for any acts or omissions of the applicable third party or its representatives fulfilling and delivering the purchased products and services. By accepting products or services on your premises, you grant the third party and its representatives fulfilling and delivering the products and services purchased a license to enter your premises as invitees to perform the delivery services, the installation services (if applicable), and other services requested and purchased with your order.
Customer Service; Return Policy for Third-Party Goods and Services
The third parties shipping, fulfilling, and delivering products and services marketed on the MarketPlace Sites may be in the best position to assist you with the portions of your order(s) comprised of goods and services not fulfilled by MarketPlace . Unless noted otherwise, please contact the appropriate third party directly to resolve the problem. In most cases, MarketPlace cannot track orders or process cancellations, returns or replacements for items that were purchased from a third party through use of the MarketPlace Sites or MarketPlace Services, and these items cannot be returned to a MarketPlace . We will coordinate with these third parties to assist you with any questions or issues, but such parties may have customer service policies and procedures that vary from these Terms and will control the products and services they fulfill and deliver. In addition, such products and services may be subject to return policies specific to the third-party products and services offered, which MarketPlace will endeavor to identify on the relevant product pages and/or in the relevant product description.
31. OUR ADDRESS
Please send any questions or comments regarding the MarketPlace Services or the MarketPlace Sites/ Apps to:
support@marketPlace.yestechsl.com or
18b Gooding Drive,
Off Regent Road, Lumley
Freetown
english
