Unlike Posts -15
Demote points when someone unlike your posts.
Like Posts 5
Earn points when someone likes your posts.
New Mayorship 3
When a user becomes Mayor
Someone Checked-In at your venue 1
When a visitor validates a Check-in at your venue
New Check-In 1
When a visitor validates a Check-in
Video Unfeatured -2
Points will be deducted when video is unfeatured from the site.
Video Featured 2
Earn points when video is featured on the site.
Comment Removed From Video -10
Points will be deducted when a comment is removed from a video.
Comment On Video 5
Earn points when posting a comment in a video.
Unlike Video -10
Points will be deducted when you unlike a video.
Like Video 5
Earn points when liking a video.
Remove Videos -15
Points will be deducted when video is deleted from the site.
Add Videos 5
Earn points when new videos are being added on the site.
Unvote on Polls -15
Points will be deducted when user unvote poll items.
Vote on Polls 5
Earn points when vote on poll items.
Remove Polls -5
Points will be deducted when poll is deleted from the site.
Add Polls 5
Earn points when user added new poll.
User registers on the site 30
Earn points when you register on this site.
Post a new update 5
Earn points when you post a new update.
Report Removed -5
Points will be deducted when your report has been deleted.
Report an item 5
Points will be given when you help to moderate contents on the site by reporting on items.
Unfollowed by users who were following your profile -2
Deduct points when your existing followers unfollow your profile.
Being followed by another user on the site 2
Earn points when your profile is being followed by another user on the site.
Unfollow user on the site -2
Demote points when you unfollow other users on the site
Follow another user on the site 2
Earn points when you follow other users on the site
Update your avatar 5
Points will be given once when you update your avatar to replace the default avatar.
Updates profile 15
Points will be given when you update your profile.
Update your privacy 5
Points will be given when you update your privacy settings.
Comment removed from a photo -15
Deduct points when your comment is removed from a photo.
Comment on a photo 5
Earn points when you comment on a photo.
Unlike a photo -1
Deduct points when you unlike a photo.
Like a photo 1
Earn points when you like a photo.
Remove tagged items on a photo -1
Deduct points when you remove a tag on a photo.
Tag items on a photo 1
Earn points when you tag someone or an item in a photo.
Remove photo album -5
Deduct points when you remove a photo album.
Create photo album 5
Earn points when you create a new photo album.
Remove photo -5
Deduct points when you remove a photo.
Upload photo 5
Earn points when you upload photos on the site.
Delete Task -1
Points is deducted when a task is deleted from the group.
Resolve Task 1
Earn points when you resolve your task.
Create Task 1
Earn points when you create a new task in a group.
Delete Milestone -1
Points is deducted when your milestone is deleted from the group.
Create Milestone 1
Earn points when you create a new milestone in a group.
Delete News -1
Points is deducted when your news is deleted.
Create News 1
Earn points when you create new news items in your group.
Reply Accepted As Answer 1
Earn points when your reply get's accepted as the answer to a discussion.
Reply In Discussion 1
Earn points when you post a reply to a discussion in a group.
Delete Discussion -1
Points is deducted when a discussion is deleted from the group.
Create Discussion 1
Earn points when you create a discussion within a group.
Update Group 2
Earn points when you ensure that your group is up to date.
Invite Friends 1
Earn points when you invite one of your friends to join the group.
Leave Group -2
Points is deducated when you leave a group.
Joined Group 2
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Removed a group -5
Points will be deducted when your group is deleted.
Created a new group 5
Earn points when you create a new group on the site.
Invitee registered on the site 5
Points will be given to you when your friends who are invited registers on the site.
Invite a friend 1
Points will be given when you invite your friends to join the site.
Assign a friend into a friend list 1
Earn points when you assign one of your friends into an existing friend list.
Removes a friend list -2
Deduct points when a friend list is deleted.
Create a new friend list 2
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Approves a friend request 2
Points will be given when you approve an incoming friend request.
Removes a friend -5
Points will be deducted from your account when you remove your friend.
Adds a user as friend 5
Points will be given when you add another user as your friend.
Download User's File 1
Earn points when you download a file uploaded by a user on the site.
Upload File 2
Earn points when you share a file in the stream.
Unresolve an Event Task. -1
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Resolve an Event Task 1
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Delete an Event Task -1
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Create an Event Task 1
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Create an Event Milestone 1
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RSVP Attending an Event 2
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Invite User to Event 1
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Remove an Event -5
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Update an Event 2
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Created a New Event 5
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Read a conversation 1
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Invite a user to an existing conversation 5
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Reply to a conversation 2
Earn points when you reply to a conversation.
Start a new conversation with more than 1 friend. 10
Points will be given when you start a new conversation with a group of friends.
Start a new conversation 5
Points will be given when you start a conversation with one of your friends.
Achieve any badge 5
Points will be given when you achieve any badge on the site.
Uninstall Applications -5
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Install Applications 5
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Article Read by User 1
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Read Article 1
Earn points when you read an article.
Deleted Article -5
Demote points when your article is deleted.
Create Article 5
Earn points when you create a new article on the site.
PayPal have created a step-by-step guide to help you through the chargeback process. Take a look at PayPal's Chargeback Guide.
Chargebacks for Sellers & Buyers
A chargeback happens when a buyer asks their credit card issuer to reverse a transaction that has already cleared. This can mean that a payment you've received in your PayPal account could be reversed, even if you've already posted the goods – which can of course be frustrating.
PayPal will help you as much as possible if you wish to dispute a chargeback, but the final decision lies with the credit card company. However you can also get protection with PayPal's Seller Protection policy.
Why do chargebacks occur?
There are a few reasons why a buyer would request a chargeback:
1. An unauthorised payment was made with the buyer's card
2. The buyer didn't receive the item that was paid for
3. There were errors in processing the transaction
4. The item does not match its description
The maximum time a buyer has to file a chargeback with their credit card company is typically 120 days after the expected delivery of the agreed goods or services. Certain exceptions may apply.
Tips to help sellers avoid chargebacks
• Track your delivery: Always use a postal method that provides online tracking and proof of delivery, which you can send to the buyer as soon as you have a tracking number
• Be accurate: Describe items in as much detail as possible, so buyers know exactly what to expect and cannot claim that an item is 'significantly not as described'
• Know your customer: Ask for more information such as their full name and address, get in touch with them and review eBay feedback (if available)
• Deliver on time: Always post your items in a timely manner - where possible, you should aim to dispatch your items within seven days of receiving payment
• Be transparent: Make sure that buyers know about your returns policy
• Be responsive: Don't let buyers feel that their problems are unresolved
• Post carefully: Avoid posting to an address different to the one provided by PayPal
• High-risk countries: We advise extra caution when posting to Macedonia, Lebanon, Ukraine, Lithuania, Nigeria, Romania, Pakistan, Bulgaria and Indonesia.
• Check ID: If a buyer collects an item in person, ask them to bring along proof of identity. If another person is collecting the item, they should also bring proof of identity and a signed note from the buyer authorising them to collect on their behalf. Note: Payments received in person are not covered under the Seller Protection policy.
If you wish to dispute a chargeback, you will need to provide certain information and evidence depending on the case. Below are the two most common reasons for chargebacks and the information you need to provide in each case:
1. The buyer didn't receive the item
You must provide either:
A tracking number as provided by Royal Mail Recorded Delivery and Parcel Force 24
Proof of a refund – this can be evidence from your PayPal account, the back and front copy of a cheque, or a money order used to reimburse the buyer
2. Unauthorised use of credit card
You should provide:
1. Tracking number for delivery of the item
2. Proof of a refund – this can be evidence from your PayPal account, the back and front copy of a cheque, or a money order used to reimburse the buyer
3. Any communication from the buyer, such as emails or positive feedback on eBay
4. Any contracts signed or information on the sent item
5. Date that the item was sent and the address it was sent to
6. For intangible items or subscriptions – any information regarding the item or service
In these and all other chargeback cases, the more relevant information you can provide, the better your chance of reversing the chargeback.
How does PayPal notify a seller when a chargeback has been filed against them?
When PayPal is notified that a buyer has filed a chargeback against a seller, PayPal emails the seller as soon as possible. Then, the seller can log into their PayPal account and go to the Resolution Center to monitor the status of the case and provide information to help resolve the matter.
How can a seller recover funds when a chargeback occurs?
When a chargeback occurs, the money that is subject to the chargeback is deducted from PayPal's bank account. In turn, PayPal places a temporary hold on the same amount in the seller's PayPal balance (i.e., the funds related to the transaction are frozen).
The seller and PayPal can work together to investigate the chargeback with the buyer's credit card company. While the chargeback is being investigated, PayPal will debit the seller for the amount in question. If the investigation is resolved in favor of the seller with the credit card company, the credit card company will reimburse PayPal for the chargeback and PayPal will transfer the recovered funds back to the seller. Depending on the credit card company involved, the process may take up to 75 calendar days. In a dispute over a chargeback, the decision is ultimately made by the credit card company and PayPal cannot control the outcome.
PayPal and the seller work together to investigate a chargeback with the buyer's credit card company
Sellers can provide PayPal with evidence to dispute the chargeback through the Resolution Center, by email at chargeback-response@paypal.com, or fax. PayPal uses this evidence plus any evidence PayPal may already have to investigate the chargeback with the buyer's credit card company. Because of deadlines imposed by the credit card companies, sellers must respond quickly (usually within three calendar days) once they are notified of a chargeback. Response deadlines can be found in the email PayPal sends to the seller when notifying them of a chargeback.
PayPal reserves the right not to dispute a chargeback even if the seller has provided some evidence, particularly if PayPal believes the dispute is not likely to be successful.
What information can a seller provide to increase the chances of winning a chargeback dispute?
Some types of information that sellers can provide to PayPal to increase the chances of winning a chargeback include:
1. Proof of postage or delivery, such as online tracking numbers
2. Copies of the original item description or auction description, including any photos
3. Proof that the buyer was already refunded
4. Proof that the buyer was provided with a replacement product
5. Correspondence with the buyer or feedback from the buyer
6. Any agreements signed or accepted by the buyer at time of purchase
7. Any returns policy that was communicated to the buyer
Does receiving a chargeback affect a seller's MartFame feedback?
The chargeback system is independent from MartFame feedback. Filing a chargeback does not limit a buyer's ability to leave feedback for a seller. In fact, a buyer can file a chargeback even if they have already left positive feedback for the seller. Receiving a chargeback does not in itself negatively impact a seller's MartFame feedback rating.
Buyer's Protection
If an eligible item that you've purchased online, eBay or otherwise, doesn't arrive or doesn't match the seller's description, we will look into it. If it's discovered that something is wrong, our Purchase Protection will reimburse you for the full purchase price of the item plus shipping costs.
For more information, see user agreement
Examples
You bought a book but got a DVD, you bought a new item but got something that was used, you purchased 3 items but only got 2, the item was damaged during shipping, the item is missing major parts (that the seller didn't disclose), or you purchased an authentic brand but got a knockoff instead. Tell us.
Guidelines
If the seller has accurately described an item, but you're just not happy with it, if you fail to open the dispute within 45 days of purchase, or if your account is not in good standing, you are mostly likely not covered.
Items Not Covered
Intangible items like digital goods or services, real estate, motorized vehicles (of any kind), custom made items, travel tickets, industrial machinery (for manufacturing), prepaid cards, or items that violate our policies or eBay's policies, anything you buy in person, or money transfers to friends or family. You must open any dispute within 45 days or you will not be covered.
Account Protection
You're not liable for unauthorized purchases made from your account if you report an eligible incident within 60 days.
Refunds
If an order doesn't arrive or match the description, we'll reimburse the full cost of eligible purchases and paid shipping costs.
Responsive Support
We're here to help. Get full support with suspicious activity, identity theft, or phishing. Report your suspicions to PayPal or MartFame directly.
Tips to help sellers avoid chargebacks
- Track your delivery: Always use a postal method that provides online tracking and proof of delivery, which you can send to the buyer as soon as you have a tracking number
- Be accurate: Describe items in as much detail as possible, so buyers know exactly what to expect and cannot claim that an item is 'significantly not as described'
- Know your customer: Ask for more information such as their full name and address, get in touch with them and review eBay feedback (if available)
- Deliver on time: Always post your items in a timely manner - where possible, you should aim to dispatch your items within seven days of receiving payment
- Be transparent: Make sure that buyers know about your returns policy
- Be responsive: Don't let buyers feel that their problems are unresolved
- Post carefully: Avoid posting to an address different to the one provided by PayPal
- High-risk countries: We advise extra caution when posting to Macedonia, Lebanon, Ukraine, Lithuania, Nigeria, Romania, Pakistan, Bulgaria and Indonesia.
- Check ID: If a buyer collects an item in person, ask them to bring along proof of identity. If another person is collecting the item, they should also bring proof of identity and a signed note from the buyer authorising them to collect on their behalf. Note: Payments received in person are not covered under the Seller Protection policy.
If you wish to dispute a chargeback, you will need to provide certain information and evidence depending on the case. Below are the two most common reasons for chargebacks and the information you need to provide in each case:
Seller Protection
If you are sent an unauthorized payment (for example, from a hacked account) or a buyer claims they never received their item, our Seller Protection covers you for the full amount of the payment on eligible sales.
For more information, see User Agreement
Protected Sales
Tangible items that are sold and shipped with proof of delivery from within the United States to buyers worldwide. To ensure you're protected, ship within 7 days to the address that the buyer specifies during checkout. Be upfront about all the details of the item, specifically defects, use, and abnormalities. Also disclose an accurate delivery estimate.
Proof of Delivery
Required for protection eligibility. A digital or physical proof of delivery from the shipping company that should include: ship date, buyer's address, and delivered date.
Items Not Covered
Items that don't match your description, intangible items like services or digital goods, items that violate our or eBay's policies, and items you sell or deliver in person. All are not covered.
Reassuring Buyers
Become a Verified seller to give buyers additional peace-of-mind and attract more customers.
Resolution Support
We provide full support to help resolve any buyer disputes or fraudulent payments.
Tips
For payments over $750 USD (or local currency equivalent, including shipping and tax) or more, be sure that you have signature confirmation of delivery in addition to proof of shipment (See above). If a buyer files a claim, you must respond to our requests for information as outlined in our communications to you.
You ship the item to the shipping address listed on the PayPal Transaction Details page. If you're not selling on eBay, make sure you ship to a Confirmed Address. This means that you're shipping to an address that PayPal has validated to help reduce chances of fraud.
MartFame's Role for Buying & Selling on MartFame.Com
MartFame provides a platform for third-party sellers ("Sellers") and buyers ("Buyers") to negotiate and complete transactions. MartFame is not involved in the actual transaction between Sellers and Buyers, except as set out in Section 5. As a Seller, you may list any item on the Site unless it is a prohibited item as defined in the procedures and guidelines contained in the Help section, or otherwise prohibited by law. Without limitation, you may not list any item or link or post any related material that (a) infringes any third-party intellectual property rights (including copyright, trademark, patent, and trade secrets) or other proprietary rights (including rights of publicity or privacy); (b) constitutes libel or slander or is otherwise defamatory; or (c) is counterfeited, illegal, stolen, or fraudulent. It is up to the Seller to accurately describe the item for sale. As a Seller, you use the Site and the Services at your own risk.
Overview of MartFame Selling Policy
All Vendors/Sellers must adhere to the following policies when listing products on MartFame.com. Vendor/Seller offenses and prohibited content are direct violations of our Participation Agreement, of which these Selling Policies are a part, and can result in suspension of your MartFame.com account or involve Local/International arrest depending level violation.
Where can I get more information?
PayPal have created a step-by-step guide to help you through the chargeback process. Take a look at PayPal's Chargeback Guide.
Prohibited Content
MartFame.com takes its obligations as a retailer seriously and will, therefore, co-operate fully with manufacturers and national authorities in product safety matters.
The following list of prohibited products comprises two sections: Prohibited Content and Intellectual Property Violations.
Listing products that are prohibited or which violate intellectual property rights may result in the cancellation of your listings, or the removal of your selling privileges. Sellers are expected to conduct proper research to ensure that the items posted to MartFame.com are in compliance with all applicable laws.
If we determine that the content of a product detail page or listing is prohibited, in violation of intellectual property rights, potentially illegal, or inappropriate, we may summarily remove or alter it. MartFame.com reserves the right to make judgments about whether or not content is appropriate.
Prohibited content
- Illegal and potentially illegal products: Products sold on the MartFame.com website must adhere to all applicable laws. As sellers are legally liable for their actions and transactions, sellers must know the legal parameters surrounding any product they offer for sale on MartFame.com. This includes the sale of products by individuals outside the United Kingdom.
- Offensive material: MartFame reserves the right to determine the appropriateness of listings posted to our site.
- Nudity: In general, images that portray nudity in a gratuitous or graphic manner are prohibited.
- Items that infringe upon an individual's privacy: MartFame holds personal privacy in the highest regard. Therefore, items that infringe upon, or have potential to infringe upon, an individual's privacy are prohibited.
- Advertisements: Listings that are intended wholly or mainly as "portals" to commercial or private websites for the purposes of advertising, or that offer contact information for non-MartFame.com offers, particularly those with non-MartFame.com ordering tools or information are prohibited.
- Products made available by digital download: MartFame prohibits the listing of products that are made available by digital download, including "codes" that can be used to access content on other websites or platforms.
- Region 1 DVDs: New region 1 DVDs are restricted products are prohibited for sale on MartFame.com unless you have received pre-approval for such sales generally from MartFame.com. Only sellers resident in the USA or Canada who dispatch their products from the USA or Canada are eligible for pre-approval. Only new region 1 DVDs which have been age-rated in Canada or the US may be sold through MartFame.com, and the age rating must appear in the seller's region 1 DVD listing. Sellers of new region 1 DVDs are prohibited from selling more than one copy of any new region 1 DVD to any customer, or from selling any new region 1 DVD to any customer who is purchasing the DVD for commercial purposes.
- Products that are not safe: All new toys and electrical equipment must be CE marked. All toys and electrical equipment, whether new or used, must be safe (that is, there is no risk that the equipment will cause death, personal injury or damage to property) and, where applicable, come with a UK standard three-pin plug. You must have used and refurbished electrical equipment tested by an expert prior to listing to verify that it is safe. You must not list any product that has been the subject of a product safety recall, regardless of branding. More information on current product recalls can be found through the following links
- UK Trading Standards
- EU Rapid Alert System for Dangerous Non-Food Consumer Products (RAPEX)
- EU Rapid Alert System for Food and Feed (RASFF)
Products not meeting these requirements are prohibited.
- Cigarette substitutes: Electronic cigarettes (including e-shisha and e-hooka cigarettes), herbal cigarettes and herbal smoking mix are prohibited if they contain tobacco or nicotine. Other nicotine-based products are prohibited unless approved by the Medicines and Healthcare products Regulatory Agency (MHRA) as aids to smoking cessation. Any tobacco-based product is prohibited.
- Animal products: Parts or products from whale, dolphin, shark, elephant (including elephant ivory) or from any other regulated endangered plant or animal are prohibited, as are products containing Foie Gras.
- Medicines: Prescription only medicines, pharmacy only medicines and GSL (General Sales List) medicines containing aloxiprin, aspirin, paracetamol or ibuprofen are prohibited.
- Contact Lenses: Prescription and cosmetic contact lenses.
- Plants, plant material and seed: Certain types of plants, seeds and other plant material are prohibited or regulated to ensure they are safe for pets, humans and the environment. You should seek advice from appropriate government authorities before (a) exporting, importing, receiving or transporting such agricultural or plant material, and (b) selling seed, as marketing regulations apply and licensing may be required (e.g. for vegetable and grass seed). The appropriate authority is the Food and Environment Research Agency (FERA) in the UK and the Department of Agriculture in the Republic of Ireland.
Intellectual Property Violations
- Counterfeit merchandise: Products offered for sale on MartFame.com must be authentic. Any product that has been illegally replicated, reproduced or manufactured is prohibited.
- Unauthorised and unlicenced merchandise: All items offered for sale on MartFame.com must be commercially produced and authorized or licenced for sale as a retail product.
- Recopied media: Media products (books, films, CDs, television programmes, software titles, videogames, and so on) that have been recopied, dubbed, duplicated, or transferred without permission of the rights holder are illegal to sell and are prohibited. This includes:
- Books - Unauthorised copies of books are prohibited.
- Music - Bootlegs, unauthorised live concerts, unauthorised soundboard recordings, unauthorised merchandise etc. are prohibited.
- Films - Unauthorised copies of films in any format are prohibited. Unreleased/prereleased movies, screeners, trailers, unpublished and unauthorised film scripts (no ISBN number), electronic press kits, and unauthorised props are also prohibited.
- Photos - Unauthorised copies of photos are prohibited.
- Radio programmes & Concerts - Unauthorised recordings or copies of recordings of radio programmes are prohibited.
- Software - Recopied or duplicated software in any format is prohibited. Academic, OEM, back-up, fulfilment, promotional, beta (prerelease), unauthorised freeware/shareware, and "softlifted" versions of software are prohibited.
- Television programmes - Unauthorised copies of television programmes (including pay-per-view events), programmes never broadcast, unauthorised scripts, unauthorised props, and screeners are prohibited.
- Video games - Video games sold on MartFame.com must be full retail versions. Recopied and transferred video games are prohibited. Mod chips, silver disks, video game emulators, Sega bootdisks, game enhancers, unauthorised video game compilations, unauthorised bundles of video game products, and unauthorised accessories are also prohibited.
- Cross-border media and parallel imports: Genuine branded goods that infringe upon a rights owner's territorial rights within the European Economic Area (EEA) are prohibited.
- Transferred media. Media transferred from one format to another is prohibited. This includes but is not limited to: films converted from NTSC to Pal and Pal to NTSC, laserdisc to video, television to video, CD-ROM to cassette tape, from the Internet to any digital format, etc.
- Promotional media: Promotional versions of media products, including books (advance reading copies and uncorrected proofs), music, and videos (screeners) are prohibited. These products are distributed for promotional consideration and generally are not authorised for retail distribution or sale.
- Rights of Publicity: Celebrity images and/or the use of celebrity names cannot be used for commercial purposes without permission of a celebrity or their management. This includes product endorsements and use of a celebrity's likeness on merchandise such as posters, mouse pads, clocks, image collections in digital format, and so on.
Welcome to the MartFame.com site (the "Site") and our selling services (the "Services"). Any person who wants to access the Site and use the Services to sell items must accept the terms and conditions of this Vendorship Participation Agreement without change. BY REGISTERING FOR AND USING THE SERVICES, YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS PARTICIPATION AGREEMENT, AND ALL POLICIES AND GUIDELINES OF THE SITE ARE INCORPORATED BY REFERENCE.
MartFame Services ("MartFame," "we," "us," and "our") reserves the right to change any of the terms and conditions contained in this Participation Agreement or any policies or guidelines governing the Site or Services, at any time and in its sole discretion. Any changes will be effective upon posting of the revisions on the Site. All notice of changes to this Participation Agreement will be posted on the Site for thirty (30) days. You are responsible for reviewing the notice and any applicable changes. Changes to referenced policies and guidelines may be posted without notice to you. YOUR CONTINUED USE OF THIS SITE AND THE SERVICES FOLLOWING MartFame's POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF YOU DO NOT AGREE TO ANY CHANGES TO THIS PARTICIPATION AGREEMENT, DO NOT CONTINUE TO USE THE VENDORSHIP SERVICES OR THIS SITE.
1. Eligibility and Registration Requirements
1.1 Use of the Service is limited to parties that can lawfully enter into and form contracts under the laws of England and Wales and of Luxembourg (for example, minors are not permitted to use the Service).
1.2 Only visitors to the Site who register and enter into this Participation Agreement ("participants", "buyer", "seller", "you", "your" as the context requires) may participate in buying or selling on the Site using the Service.
1.3 If you are selling items as a trader in the course of your business, you are required by law to make that fact clear to potential buyers in your listing. You must provide us true and accurate information when registering and must maintain and update that information as applicable. You must not impersonate any person or use a name you are not legally authorised to use. You authorise us to use any information provided to us in registering to verify your information (including any updated information), to obtain credit reports about you from time to time while you are registered (including credit reports about your spouse), and to obtain an initial credit authorisation from your credit card issuer at time of registration. You must be issued with a major credit/debit card that is accepted on the Site and you must register that card with us, and your application for registration must otherwise be acceptable to MartFame in its own absolute discretion.
1.4 To register you must provide your real name, address, phone number, e-mail address and a valid credit or debit card acceptable by MartFame. You warrant to MartFame that the information you provide during the registration process (and any notification of change of such information) is true and correct.
1.5 You are obliged to notify MartFame of any changes to your registration information immediately.
1.6 MartFame reserves the right to reject any registration and to refuse service to anyone for any reason, in its sole and absolute discretion.
1.7 If you provide false or incorrect registration information or do not notify MartFame of changes to your registration information immediately, MartFame reserves the right to terminate your account immediately and without notice to you.
1.8 You are solely responsible for maintaining the security of your password. You may not disclose your password to any third party (other than third parties authorised by you to use your account) and you are solely responsible for any use of or action taken under your password on this Site. If your password is compromised you must change your password.
1.9 Unless otherwise indicated, MartFame itself and its affiliates may participate in Fixed Price Sales (as that term is defined in clause A.2.1). When MartFame or its affiliates offer items for Fixed Price Sale, it is no different to any other seller engaged in a transaction and they will abide by the same obligations imposed under this Agreement as any other seller on this Site. In addition, employees of MartFame are permitted to participate in their personal capacity (i.e., not as MartFame employees, representatives or agents) in the transactions conducted through this Site subject to MartFame's internal employee policy. MartFame employees, representatives or agents, when participating in any transaction using the Service in their personal capacity, are subject to this Participation Agreement.
2. Fixed Price Sales
2.1 Under the Service, items are offered by sellers for sale at a fixed price ("Fixed Price Sales"). Unless otherwise agreed by us with the seller in advance in writing, the price of any items sold using the Service (including the applicable delivery charge) are displayed inclusive of any customs, import, export, and excise duty, VAT and other taxes which may be applicable and sellers may not charge or seek to charge the buyer, or allow the buyer to be charged, for any customs, import, export, and excise duty, VAT or other taxes which are additional to the price displayed for the item on the Site.
2.2 For items listed for sale using the Service, sellers may only charge buyers a fixed delivery charge and such a charge will be priced in accordance with the Marketplace delivery charge schedule in effect from time to time. Delivery charges will be displayed on the check-out page.
3. International sales
In listing an item for sale internationally, the seller may also have to comply with laws of the country in which the buyer resides dealing with, among other things, prohibitions on the sale, distribution or offering for sale of specific items.
For each item you list on the Site, you will provide to us the state or country from which the item ships.
4. Prohibited Items
Any participant may list an item for Fixed Price Sale on the Site subject to this agreement and our policies and Community Rules in the Help Section.
The following items must not be listed on the Site by sellers or purchased by buyers (irrespective of whether the item is listed on any of the other participating MartFame sites):
4.1 Offensive material, including material that incites racial hatred or promotes discrimination based on race, sex, religion, national origin, physical ability, sexual orientation or age;
- 4.1.2 Human traficking information, materials
- 4.1.3 Materials encouraging child abuse and traficking
4.2 Obscene material including pornographic material (e.g.: material rated R +18, home porn and hardcore material);
4.3 Living animals;
4.4 Intoxicating liquor and tobacco (except where the seller is properly licensed under applicable law) and home-made alcoholic beverages;
4.5 Firearms and ammunition;
4.6 Stolen goods;
4.7 Advertisements;
4.8 Items that infringe another party's copyright, patent, trademark, design right, database right, or other intellectual property or other proprietary right (e.g.: pirated software, CDs, videos and DVDs, OEM software and so on). New Region-1 DVDs may be listed by sellers resident within the USA or Canada only, who must comply with the specific Region 1 DVD rules set out in the Prohibited Content and Listing Rules;
4.9 Illegal or prescription drugs;
4.10 Items whose sale, distribution or offering for sale is prohibited by any applicable law;
4.11 Items whose sale is subject to export restrictions (e.g.: Cuban cigars, certain encryption software and so on);
4.12 Offensive weapons, poisons and dangerous substances (as defined by the applicable law or laws);
4.13 any other types of products that in our discretion are to be excluded from listing and/or sale using the Service.
5. Contract fulfilment
5.1 MartFame will confirm each order to the seller and the buyer. Sellers must dispatch items sold within two Business Days once the order confirmation is made available to them. If and when MartFame makes functionality available to the seller which allows seller to display a product availability message on the Site the seller must dispatch items sold in accordance with the product's availability stated on the Site at the time of the order. Sellers must provide a full refund to any buyer who remits payment, if the item cannot be shipped in accordance with this clause A.5.1. Sellers must provide the refund promptly via their MartFame Seller Account in accordance with clause B.6.1, but in no case later than thirty (30) days following the date the order was confirmed or 3 calendar days after the maximum estimated delivery date stated on the Site at the time of the order (as the case may be).
5.2 If, by law, an agreement for the transfer of any property must be evidenced in writing or in some specific form, then the buyer and seller agree, on the completion of a Fixed Price Sale to complete the transaction in writing and/or in the relevant form (as the case may be).
5.3 Unless the buyer and seller expressly agree otherwise, the following terms and conditions will apply to the contract between the buyer and seller for the sale of the relevant item:
(a) All postage, customs, import, export and excise duty, VAT and any other taxes associated with the Fixed Price sale (if applicable) will be paid by the buyer and it is the seller's responsibility to determine, collect and remit the applicable VAT, customs, import, export and excise duties and any other taxes associated with the Fixed Price Sale. Unless otherwise agreed by us in advance in writing, the price of any items sold using the Service must be displayed inclusive of any customs, import, export and excise duty, VAT and any other taxes associated with the Fixed Price Sale, which may be applicable and sellers will not charge or seek to charge the buyer, or allow the buyer to be charged, for any customs, import, export and excise duty, VAT or other taxes which are additional to the price displayed for the item on the Site;
(b) Buyers are required to pay sellers in the currency in which the Fixed Price Sale is listed;
(c) The sale will be subject to any warranties implied under applicable law; and
(d) The contract between the buyer and seller will be governed by the laws of England (and expressly excluding the United Nations Convention on the Sale of Goods) and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of England and Wales.
6. MartFame's Role
Buyers authorize MartFame.com to act as their limited representative solely to conclude on their behalf sales contracts directly between them and the sellers for sales of goods via the Service. While MartFame.com helps facilitate transactions that are carried out using the Service, MartFame is neither the buyer nor the seller of the seller's items. MartFame is not an auctioneer. MartFame provides a venue for sellers and buyers to negotiate and complete transactions in accordance with the provisions of this Participation Agreement. MartFame is not the agent of the seller. Accordingly, the contract formed at the completion of a Fixed Price Sale is solely between buyer and seller. Subject to terms of use, the enforcement of any contractual obligations arising out of the completion of a transaction using the Service is the responsibility of the buyer and seller that are party to that transaction. MartFame is not obliged to mediate between buyers and sellers or enforce or execute fulfilment of any contract. Because MartFame wants you to have a safer buying experience, MartFame provides the MartFame A-z rules and guide to successful transaction in all our policy references, but otherwise buyers and sellers use the Site and the Service at their own risk. Subject to the terms of this Participation Agreement, the seller will resolve any subsequent dispute directly with the buyer, or under the MartFame participation rules.
Termination
MartFame may, in its sole and absolute discretion, terminate this Participation Agreement, access to the Site or the Service, or any current Fixed Price Sales immediately without notice if your participation agreement with any of the other MartFame sites is terminated or for any breach of any of the terms of this Participation Agreement. Seller may terminate its participation in the Service at any time by giving notice to MartFame. MartFame may terminate the seller's participation in the Service at any at any time by giving notice to the seller. Upon termination, all rights and obligations of the parties under this Participation Agreement will be extinguished, except that such rights and obligations will remain in effect after such termination to the extent necessary to process any orders placed prior to such termination for items listed by seller using the Service (including, without limitation, any fees incurred (and any other liabilities incurred).
8. MartFame's Reservation of Rights
8.1 MartFame retains the right to, if it considers it appropriate: immediately halt any Fixed Price Sale; prevent or restrict access to the Site or the Service; or take any other action to restrict access to or availability of or remove any objectionable material, feedback, ratings, inaccurate listings, inappropriately categorised items, unlawful items or items prohibited for listing on the Site under this Participation Agreement. MartFame reserves the right and has absolute discretion but not an obligation, to remove, screen or edit any content that breaches these provisions or is otherwise objectionable. Without prejudice to generality of the participation privileges, and to any other rights that MartFame may have in this Participation Agreement, MartFame reserves the right to refuse listings or to immediately remove any listings where MartFame objects to how you identify yourself on the Site (including, but not by way of limitation, your name, branding or marks) and/or if you are otherwise making inappropriate use of your domain name contrary to the requirements in the Partcicpation Agreement, and/or if you are otherwise in contravention of the requirements set out in Participation Agreement & Policy.
9. Ratings and Feedback
9.1 Participants may leave feedback ("Feedback") on other participants relating to the other participants' performance in buying or selling items on the Site and using the Service. Further, buyers and sellers only may rate each other's performance in relation to a Fixed Price Sale using a 1-5 star rating system ("Rating"). You acknowledge and accept that your Feedback and Rating will be publicly available for viewing on the Site. MartFame is not responsible for checking or editing the Feedback or Ratings on the Site. YOU CONSENT TO THE PUBLICATION OF, AND AUTHORISE MartFame TO PUBLISH, FEEDBACK AND RATINGS EVEN THOUGH SUCH FEEDBACK OR RATINGS MAY BE CRITICAL OR DEFAMATORY OF YOU AND EVEN THOUGH MartFame MAY BE AWARE OR OUGHT REASONABLY BE AWARE THAT SUCH FEEDBACK OR RATINGS CAUSED OR CONTRIBUTED TO THE PUBLICATION OF A STATEMENT THAT IS DEFAMATORY OF YOU. YOU RELEASE MartFame FROM AND WAIVE ALL RIGHTS AGAINST MartFame IN RESPECT OF ANY LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE PUBLICATION OF ANY DEFAMATORY COMMENTS ABOUT YOU IN SUCH FEEDBACK AND RATINGS.
9.2 When submitting Feedback and Ratings, you must comply with the Feedback Guidelines. You agree to indemnify and hold harmless MartFame and its affiliates (and their respective employees, directors and representatives) against any claim or action brought by a third party, arising out of or in connection with any Feedback or Ratings left by you on the Site.
10 Grants of Licence, Intellectual Property and Linking and Framing
10.1 Licenses (a) Your Grant. By entering into this Participation Agreement and listing an item, you grant MartFame and its affiliates a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, right to exercise all copyright, database rights and rights of publicity over the material displayed in your listings or in any other catalogue or product information that you provide to us (excluding any of your logos, trademarks or other similar branding), in any existing or future media, known or unknown, now or at any later date.
(b) MartFame's Grant. MartFame grants you limited non-transferrable license to each participant to make personal use only of the Site and the Service in accordance with this Participation Agreement. This license expressly excludes, without limitation: any resale or commercial use of the Site and the Service; modifying, distributing, copying, republishing or making any derivative of the Site or the Service; the collection and use of participant e-mail addresses or other participant information, Ratings, Feedback or listings, or any data extraction or data mining whatsoever.
10.2 Intellectual Property Rights
Subject to the licence granted to you under Clause 10.1(b), MartFame reserves all right, title and interest in its and its affiliates' intellectual property rights (including, without limitation, any patents, trademarks, service marks, registered designs, applications for any of the foregoing, copyright, database rights, design rights, know-how, confidential information, trade and business names and any other similar protected rights in any country) in the Site and the Service. Any goodwill accruing out of the use of MartFame's and its affiliates' trade marks, trade and business names and service marks under this Participation Agreement will vest in MartFame and its affiliates, as the case may be.
10.3 Linking to the Site and prohibition on Framing
Despite anything else contained in this Agreement, you must ensure that each link (graphical, text or otherwise) to the Site posted or maintained on any location by you or on your behalf, conveys users directly to the Site, without displaying or performing any other advertisement, promotion or content (whether audio, visual, audio-visual or otherwise). In addition, you must not take any action, or assist, authorise or encourage any third party to take any action, that would cause the appearance or presentation of the Site as seen by users linking to the Site to be different from that seen by users who access the Site by hand-entering the applicable URL into a generally commercially available browser which has not been customised for a particular person or entity. Without limiting the generality of the foregoing, you must not, at any time, make use of any framing techniques or technologies, interstitial advertisements, pop-up windows or consoles or other similar items or techniques in connection with any link to or on the Site.
10.4 Linking off the Site
Sellers must not include any links (graphical, text or otherwise) in any Fixed Price Sale listing on the Site, save where such links convey users directly to another location on the Site, without displaying or performing any other advertisements, promotions or content (whether audio, visual, audio-visual or otherwise). Except as approved in advance in writing by MartFame, you will not, and you will cause your affiliates not to, directly or indirectly (e.g.: through a Third Party (as defined below)):
(a) sell, barter, disclose or transfer to any Third Party (which in this clause 10.4 shall mean any party other than you or your affiliates ("Third Party")), any data acquired by you as a result of any transaction using the Service (whether this is information that pertains to the identity of a user and/or buyer, the order or referral information (here meaning any information disclosing that a buyer purchased a product through the Site, and/or any other personally identifiable information regarding any user and/or buyer), or permit any Third Party to have access to the same;
(b) send to any user or buyer of the Service any non-electronic direct-mail marketing that promotes or advertises anyone (including you and your affiliates);
(c) send to any user or buyer of the Service any electronic communication except as necessary to complete any buyer's transaction or to respond to a customer service enquiry made by such buyer concerning such transaction;
(d) use any domain name (or any part of it) on the Site and/or otherwise in any communications that you have with any user of the Service and/or any buyer (by way of example but not limitation, you should not use "www" ".com", ".com" or similar domain name identifiers);
(e) include in any communication made or authorised by you with any user of the Service and/or any buyer including, without limitation, in any order (including the packaging of the order and any promotional pieces, invoices and alike sent with it), order confirmation and/or other communication made in connection with the fulfilment of a transaction:
(i) any offer from or reference to any Third Party and/or (ii) any link or reference to any website other than the Site (or otherwise seek to direct any person to any website other than the Site), except that you may include in any communication to a buyer links or references (or otherwise direct such buyer to your website solely in connection with your fulfilment of, or as necessary to provide customer service with respect to such applicable purchase); (iii) any reference to domain names;
(f) target (on any basis via any means) unsolicited communications of any kind to any user of the Service and/or any buyer. You will comply with the Data Protection Act 1998, including, but not limited to, the Seventh Principle.
Data Retention & Security
All personal information collected by MartFame.com in connection with your use of the Site and described in this Privacy Policy, including without limitation your name, location, email address, photos and videos, friend connections, messages, comments, login information, IP address and other data, will be stored by MartFame.com indefinitely.
MartFame.com uses industry standard security measures to prevent the loss, misuse and alteration of the information under our control. Although we make good faith efforts to store the information collected by MartFame.com in a secure operating environment that is not available to the public, we cannot guarantee complete security. Also, while we make every effort to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party "hackers" from illegally obtaining this information. Lastly, we cannot and do not ensure the adequacy or performance of any security measures that may be undertaken by Site advertisers or other third parties that may have access to your personal information on or through the Site.