MARKETTI TERMS AND CONDITIONS
At Marketti, we want to ensure that you can use our services via our website www.marketti.co.uk (“Website”) and smart phone app (“App”). We have therefore set out our terms and conditions (“Terms”) by which we provide you with our services and which apply to all users (whether they are market operators, market traders or consumers). We ask that you please read the Terms carefully when you download our App or access our Website and to print and retain a copy of these Terms for your future reference.
The provisions of these Terms are legally binding on you. By downloading the App or accessing our Website or by making any use of the Website or the services provided by Marketti (“Marketti Service(s)”), you are indicating your agreement to be bound by these Terms. If you do not agree with the provisions of these Terms, you will not be able to use the Website or the App and all its features and functionalities.
To use the Marketti Service you will need your own mobile or smart phone, tablet or other device that allows you to access the internet. Marketti’s multiplatform system supports i-Phone, iPad and most Android smart phones.
To use the Marketti Service you expressly represent and warrant that you are legally entitled to enter these Terms, that you are at least 18 years of age and that you have authority and capacity to enter into these Terms. The Marketti Service is not available to persons under the age of 18.
Marketti may modify these Terms at any time. Any such modification shall be posted on the Website. By using the Marketti Services, you agree to be bound by any such changes to these Terms. It is therefore important that you review these Terms and the Website regularly and that if you do not agree with any of these Terms, you must immediately discontinue your use of the Marketti Services and Website.
FOR THE AVOIDANCE OF DOUBT MARKETTI DOES NOT PROVIDE OR AGREE TO PROVIDE MARKET TRADING SERVICES TO ANY USER OF THE MARKETTI SERVICES, WEBSITE AND/OR THE APP AND MARKETTI IS IS NOT A MARKET OPERATOR OR MARKET TRADER. IT IS UP TO THE MARKET OPERATOR OR TRADER TO OFFER MARKET RELATED SERVICES WHICH MAY BE FACILITATED THROUGH USE OF THE MARKETTI SERVICES.
ABOUT US, THE MARKETTI SERVICES, THE WEBSITE AND
1. THE APP
1.1 The Website is owned and managed by Paysme Limited, trading under the brand name Marketti (“We” or “Us” or “Our”), a company registered in England and Wales with company registration number 07435577 and registered address at Rise London, 41 Luke Street, London, EC2A 4DP, England.
1.2 Marketti operates and maintains the Website and the App, which is a smart/mobile phone application and website that can be used by market operators to list their market, people wishing to find a market and by market traders to register their market pitch. Further details of Marketti Services can be found by visiting the Website.
2.1 Anyone may access our Website or download our App. However, in order to use the Marketti Services, you shall be required to register with us as a registered user (“Registered User” or “You”).
2.2 Registered Users who intend to use the Marketti Services will either be a market operator (“Operator”), market trader (“Trader”) or a consumer (“Consumer”).
2.3 Operators can register by completing their details on the Website. Traders and consumers may register by completing their details on the App or on the Website. To provide you with a safe environment to use the Marketti Services, we will conduct verification and security procedures in respect of the information provided by you in your online registration form.
2.4 By registering with and providing us with your name, email address and contact mobile telephone number, you consent to Marketti communicating with you by email text and push messaging, including without limitation, to provide you notice of any security breach in lieu of other written notification.
2.5 T raders who register for the Marketti Service via the App or the Website will receive a message informing the Trader that their profile is “pending” and that they are required to supply Marketti with the relevant documentation which may be required by the local licencing authority. Once Marketti receives the Trader’s relevant documentation, Marketti shall verify details of the Trader and once approved the Trader’s registration process will be completed and the Trader shall receive an email or text message (“Confirmation Email or Text”) confirming their registration and that the Trader can now use the Marketti Service. Traders must adhere to the requirements of any Market Licensing Laws in addition to these Terms.
2.6 Consumers who register for the Marketti Service via the App will receive an email message, which forms part of the verification process. The Consumer must reply to the email message in accordance with the instructions provided therein. Marketti will not be liable to the Consumer for any costs incurred in replying to the email message. On receipt of the Consumer’s email message reply, Marketti may complete the registration process. The Consumer will receive a Confirmation Email confirming their registration with us once we have received and accepted their registration.
2.7 You warrant that the information you provide to us at all times is true, accurate and correct. You agree to promptly notify us of any changes to your personal details so that we may update our records of your details to provide you with the Marketti Services.
2.8 We reserve the right to suspend your access to the Website, the App or the Marketti Services if we have reason to believe that you have not complied with the provisions of these Terms.
2.9 Your contract (“Contract”) with us shall commence on the date of your Confirmation Email or Text.
3. DETAILS OF THE MARKETTI SERVICE
3.1 Once registered, a Consumer will be able to electronically locate a market through the App or the Website. You acknowledge that some options to locate a market may not be available in certain cities.
3.2 When a Trader registers with Marketti their details will be sent to Marketti for approval and authorisation before the Trader’s account becomes live. Once activated and registered Traders will be able to be located by Consumers.
3.3 The App offers Consumers the choice to pay the Trader by debit or credit card. Marketti’s payment service provider is PCI compliant and any card details submitted by a Consumer are held on a secure server and will not be disclosed to any other person. Consumers who elect to pre-register their debit or credit card details in advance of payment in respect of use of the App by using ‘Add Card’ may be subject to a small transaction fee related to the cost of verifying and processing a card in advance.
3.4 Marketti shall deposit Consumer payments into a Trader’s bank account as soon as reasonably practicable following Marketti receiving confirmation of the Consumer’s payment in cleared funds, subject to the deduction by Marketti of a transfer fee each time such a transfer to the Trader’s account is made. The Trader acknowledges and agrees that he/she is responsible for ensuring that their bank details are correct and up to date at all times. Marketti shall not be liable for any losses or costs incurred by the Trader as a result of failing to update his/her bank account details or for any other errors or omissions outside of Marketti’s reasonable control (including but not limited to the failure of the bank’s automated clearing services failing to deposit funds).
3.5 Traders acknowledge that payments made by debit or credit card may be subject to fraudulent or illegal activity. In the event the Consumer’s bank, building society, credit card company or such other financial service provider, including any company or collection agency acting on its behalf (“Bank”) makes any claim against Marketti for recovery of payments made to Marketti through use of the App, Website or Marketti Services, Marketti reserves the right to recover from the Trader such amounts claimed by the Bank.
3.6 Traders using the Marketti Service agree to adhere to any Relevant Market Laws and any Trader found to be failing to comply either these Terms or any Relevant Market Laws will be suspended or removed from the Marketti Service. We strongly recommend all Traders read and fully understand any applicable Relevant Market Laws.
3.7 Each Trader shall warrant and agree that they:
3.7.1 possess a valid market licence and are authorised to operate a market stall and have all the appropriate licences, approvals and authority to sell goods;
3.7.2 have the legal right to operate the market stall which they intend to use when accepting Consumers and that such market stall is in good condition and meets industry safety standards; and
3.7.3 have valid public liability insurance policy in place.
3.8 In agreeing to these Terms Traders agree to allow Consumers to see each their relevant locations via GPS tracking technology.
3.9 We reserve the right to make such changes to the App or the Website or part thereof from time to time at our sole discretion, and we may from time to time update, add, remove, modify and/or vary any elements, features or functionalities of the App or the Website.
3.10 We may make available, from time to time, promotions for Traders and Consumers in the promotions sections of the Website and App. We reserve the right to amend or remove any promotion listed on the Website or App at any time. Such promotions may be subject to additional terms and conditions.
4. USING THE WEBSITE, THE APP AND THE MARKETTI SERVICES
4.1 You are solely responsible and liable for your use of the Marketti Services, the App and the Website. You shall keep your login details safe and secure to ensure that they are not used without your permission. You agree to notify us immediately if you suspect any unauthorised use of your account or access to your login details.
4.2 In order to provide you with a safe and secure environment in your use of the Marketti Services and the Website, you shall:
4.2.1 not use the Website for any criminal or tortious activity, including but not limited to, fraud, trafficking obscene material, drug dealing, gambling, harassment, stalking, spamming, sending of invalid data, worms, viruses or other harmful files, copyright, trademark, or patent infringement, or theft of trade secrets or personal data;
4.2.2 not advertise/solicit to any use to buy/sell any products or services through the Marketti Services;
4.2.3 not use your login details and/or account if you are a Registered User, with the intent of impersonating another person;
4.2.4 not allow any other person to use your login details and/or account if you are a Registered User;
4.2.5 not use the information presented on the Website and/or through your use of the Marketti Services for any purposes other than as stated above;
4.2.6 not do anything likely to impair, interfere with or damage or cause harm or distress to any persons using the Website, the App and the Marketti Services or in respect of the network;
4.2.7 not use the Website, the App and/or the Marketti Services and/or do anything that will infringe any intellectual property right or other rights of any third parties;
4.2.8 comply with all instructions and policies which we provide to you from time to time in respect of the Website, the App and your use of the Marketti Services;
4.2.9 co-operate with any reasonable security or other checks or requests for information made by us from time to time; and
4.2.10 use the information made available to you using the Website, the App and the Marketti Services at your own risk.
4.3 We take breaches of this provision very seriously and therefore reserve the right to take any action that we deem necessary. This can include, without limitation, suspension or termination of your use of the Marketti Services and/or the Website and/or the App. In certain circumstances we may instigate legal proceedings as appropriate if there is illegal use of our Website, the App or the Marketti Services.
5.1 The circumstances which give us a right to suspend and/or terminate your access to the Website, the App and/or the Marketti Services are as follows:
5.1.1 if our network providers and suppliers cease providing us with their services;
5.1.2 if we have reason to believe that you have breached any of the provisions under these Terms;
5.1.3 where we have reason to believe that you fail to comply with the applicable laws and legislations;
5.1.4 where we have reason to believe that your login details and account with us may have been hacked into by a third party and used without your authorisation; or
5.1.5 in situations where we have reason to believe that you have provided us with false, inaccurate or misleading information when you registered with us.
5.2 You may terminate your Contract by ceasing all use of the Marketti Services, the App and the Website and notifying Marketti in writing (which may include by e-mail). If you do not follow the instructions set out in this clause 5.2, your Contract with us shall not be deemed to have been terminated in accordance with these Terms.
5.3 Upon termination of your Contract in accordance with clauses 5.1 and 5.2, you shall not be listed as a Registered User with us and therefore, cease to have any use of the Website, the App and the Marketti Services as a Registered User.
5.4 For the avoidance of doubt, upon termination of Your Contract with Marketti for any reason, any Trader or Consumer promotions of any kind offered by Marketti shall also terminate and shall be null and void.
5.5 Once the cancellation is processed, a confirmation email will be sent to the Registered User's email account. If a Registered User has a question about the cancellation process under these Terms, the Registered User may contact Marketti at firstname.lastname@example.org
6. WARRANTIES AND LIABILITIES
6.1 You hereby warrant that (a) you have the right and capacity to enter into and be bound by these Terms; and (b) you shall comply with all applicable laws regarding your use of the Website, the App and the Marketti Services.
6.2 We make no representation, warranty, or guaranty as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the Website, the App and the Marketti Services. We do not represent or warrant that (a) the use of the Website, the App and the Marketti Services will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data; or (b) the Website, the App and the Marketti Services will meet your requirements or expectations. The Website, the App and the Marketti Services is provided to you strictly on an "as is" basis. All conditions, representations and warranties, whether express, implied, statutory or otherwise are hereby disclaimed to the maximum extent permitted by applicable law by the company. You acknowledge and agree that the entire risk arising out of your use of the Website, the App and the Marketti Services remains solely with you, to the maximum extent permitted by law.
6.3 We only provide you with the facility to obtain market services and we do not in any way provide or agree to provide market services and nor shall we be liable in any way for whatsoever reason.
6.4 We may display links to third party websites and third party advertising banners on the Website. However, we cannot be responsible and do not accept any liability for the content and your use of such third party links and advertising banners.
6.5 We also rely on other service providers (such as network provider, data centres, telecommunication providers) to make the Website, the App and the Marketti Services available to you. Whilst we take all reasonable steps available to us to provide you with a good level of service, we do not guarantee that the service we provide will be fault free or uninterrupted at all times. We therefore do not take responsibility for any losses you may suffer as a result of delays or failures of the Website, the App or the Marketti Services as a result of our service providers.
6.6 To the maximum extent permitted by law, we expressly exclude:
6.6.1 all conditions, warranties and other terms whether expressed or which might otherwise be implied by statute or common law;
6.6.2 any liability for indirect or consequential loss which are losses incurred as a side effect of the main loss or damage;
6.6.3 loss of profit;
6.6.4 loss of income or revenue;
6.6.5 loss of business or contracts;
6.6.6 loss of data;
6.6.7 loss of good will and reputation; or
6.6.8 for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
6.7 Nothing in these Terms shall serve to limit or exclude our liability for death or personal injury resulting from our negligence.
6.8 Subject to clause 6.7, our total liability to you whether in contract, tort or otherwise in respect of these Terms shall be limited to £75.
7. INTELLECTUAL PROPERTY RIGHTS
7.1 We and our licensors own all rights in the intellectual property rights relating to the Website and the App. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
7.2 We hereby grant Registered Users a non-exclusive, non-transferable, right to use the Website, the App and the Marketti Services, solely for your own personal, non-commercial purposes (save for Traders), subject to these Terms. All rights not expressly granted to you are reserved by us and our licensors.
7.3 You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Marketti Services, the Website or the App in any way; (ii) modify the Marketti Services, the Website or the App; (iii) reverse engineer or access the Marketti Services, the Website or the App in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Marketti Services, the Website or the App, or (c) copy any ideas, features, functions or graphics of the Marketti Services, the Website or the App, or (v) launch an automated programme or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any programme which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Marketti Services, the Website or the App.
8. COMPLAINTS & FEEDBACK
If you have reason to believe that any Registered User or visitor has breached any of the Terms herein, please write to us at: email@example.com, providing us with details of such alleged breach. We welcome any feedback so if you have any questions, feedback or require further information regarding these Terms or the Marketti Services, the Website or the App please contact us via our “Contact Support” link or please write to us at: firstname.lastname@example.org
9. DATA PROTECTION
9.1 You hereby undertake to procure that your use of the Marketti Services is compliant with all applicable laws and legislation in respect of data protection.
9.2 For Personal Data (as defined in the Data Protection Act 1998) processed by you using the Marketti Services, you hereby undertake to act strictly in accordance with the provisions of the Data Protection Act 1998.
9.3 We and You acknowledge and agree that you are the data controller and that we are the data processor in respect of the Data (as such terms are defined in the Data Protection Act 1998). You therefore confirm that you shall be solely responsible for ensuring that any data processing and security obligations under these Terms comply with applicable data protection laws. We shall only process Personal Data for the purposes of providing you with the Marketti Services. We have in place and will maintain for the duration of these Terms, such appropriate technical and organisational measures against the accidental, unauthorised or unlawful processing, destruction, or disclosure of Personal Data and adequate security programmes and procedures to ensure that unauthorised persons do not have access to any equipment used to process Personal Data.
9.4 If you have any questions regarding your status as a Data Controller (as defined in the Data Protection Act 1998) we recommend you seek advice or refer to the Information Commissioner’s website for further information.
10.1 If any of the provisions of these Terms are deemed to be invalid, unlawful or unenforceable for any reason, they will to the extent be severed from the remaining Terms and the rest of the provisions of these Terms shall continue to be valid to the fullest extent permitted by law.
10.2 These Terms shall be governed by and construed in accordance with English law and the English courts shall have exclusive jurisdiction. If you live outside the UK, English law shall apply only to the extent that it does not deprive you of any legal protection accorded under the law of the place where you are habitually resident. If English law deprives you of any legal protection which is accorded to you under your local law, these terms will be governed by your local law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.