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.
