Merchant Terms of Service

Merchant’s Terms of Service

THIS MARKET WORLD LLC AGREEMENT (THE “AGREEMENT”) CONTAINS THE TERMS AND CONDITIONS THAT GOVERN YOUR ACCESS TO AND USE OF THE SERVICES AND IS AN AGREEMENT BETWEEN YOU OR THE BUSINESS YOU REPRESENT AND MARKET WORLD LLC. BY REGISTERING FOR OR USING THE SERVICES, YOU (ON BEHALF OF YOURSELF OR THE BUSINESS YOU REPRESENT) AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.

Definitions

(a) “Seller” means a type of user of MARKET WORLD MARKETPLACE that rents a digital store to list products for sale.

(b) “Buyer/Customer” means a type of user of MARKET WORLD MARKETPLACE that purchases products from Sellers.

(c) “Courier/Shipper” means a type of user of MARKET WORLD MARKETPLACE that MARKET WORLD MARKETPLACE has partnered with for logistics services to deliver orders to Buyers.

(d) “Packaging Provider” means a type of user of MARKET WORLD MARKETPLACE that provides packaging services for Sellers.

(e) “Product(s)/Services” means the Product(s) and/or Services(s) made available by the Seller for sale on the Platform.

(f) “MARKET WORLD MARKETPLACE /Platform” means the ecommerce marketplace located on the website shop.MarketWorld.com, that brings together Sellers and Buyers from across the United States and the world to buy and sell products.”

(g) “Seller Proceeds” means the net amount receivable by the Seller after deduction of MARKET WORLD MARKETPLACE fees and any other charges from the Selling Price.

(h) “Seller Portal” means a web page/account on the Platform provided by MARKET WORLD MARKETPLACE to the Seller with a unique login id and password to manage the Seller’s store, update order status, price and inventory of the Products on the Platform.

1. Enrollment.

To begin the enrollment process, you must complete the registration process for one or more of the Services. Use of the Services is limited to parties that can lawfully enter into and form contracts under applicable Law. As part of the application, you must provide us with your (or your business’) legal name, address, phone number and e-mail address, as well as any other information we may request. Any personal data you provide to us will be handled in accordance with MARKET WORLD MARKETPLACE’s  Privacy Notice. (Privacy Notice will be limited at this stage)

You must be older than 18 years to use the Services to open an Account. You acknowledge that MARKET WORLD MARKETPLACE will use the email address you provide on registration or as updated by you from time to time as the primary method for communication with you.

You are responsible for keeping your password secure. MARKET WORLD MARKETPLACE cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.

You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account (“Materials”).

2. Service Fee Payments; Receipt of Sales Proceeds.

Fee details are described in the applicable Service Terms and Program Policies. You are responsible for all of your expenses in connection with this Agreement. To use a Service, you must provide us with valid bank account information for a bank account or bank accounts acceptable by MARKET WORLD MARKETPLACE (conditions for acceptance may be modified or discontinued by us at any time without notice) (“Your Bank Account”). You will use only a name you are authorized to use in connection with a Service and will update all of the information you provide to us in connection with the Services as necessary to ensure that it at all times remains accurate, complete, and valid. You authorize us (and will provide us documentation evidencing your authorization upon our request) to verify your information (including any updated information), to obtain credit reports about you from time to time, to obtain credit authorizations from the issuer of Your Credit Card, and to charge Your Credit Card or debit Your Bank Account for any sums payable by you to us (in reimbursement or otherwise). All payments to you will be remitted to Your Bank Account through a banking network or by other means specified by us.

If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to MARKET WORLD MARKETPLACE or third parties, then we may in our sole discretion withhold any payments to you for as long as we determine any related risks to MARKET WORLD MARKETPLACE or third parties persist.

If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate our Program Policies, then we may in our sole discretion permanently withhold any payments to you or we may in our discretion discontinue the service without any reference to you.

In addition, we may require that you pay other amounts to secure the performance of your obligations under this Agreement or to mitigate the risk of returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to MARKET WORLD MARKETPLACE or third parties. These amounts may be refundable or nonrefundable in the manner we determine, and failure to comply with terms of this Agreement, including any applicable Program Policies, may result in their forfeiture.

3. Term and Termination.

The Seller  Agreement will commence on the Effective Date and will start on the date of your completed registration for use of a Service and will continue for a period of one (1) year (or two (2) years if Seller prepays for two years), unless terminated earlier or suspended according to the provisions of this Agreement. This Agreement will thereafter automatically renew for successive twelve (12) month terms (or twenty-four (24) month terms if Seller prepays for twenty-four months), unless either party gives the other party written or electronic notice, in accordance with the terms herein, of its intention not to renew the Agreement, at least thirty (30) days prior to the end of the then-current term or renewal term if termination is by MARKET WORLD MARKETPLACE.

We may terminate your use of any Services or terminate this Agreement without cause with 7 days’ advance notice. We may suspend or terminate your use of any Services immediately if we determine that (a) you have materially breached the Agreement and failed to cure within 7 days of a cure notice; (b) your account has been, or our controls identify that it may be used for deceptive or fraudulent, or illegal activity; or (c) your use of the Services has harmed, or our controls identify that it might harm, other sellers, customers, or MARKET WORLD MARKETPLACE’s legitimate interests. We will promptly notify you of any such termination or suspension via email, indicating the reason. On termination of this Agreement, all related rights and obligations under this Agreement immediately terminate, except that (d) you will remain responsible for performing all of your obligations in connection with transactions entered into before termination and for any liabilities that accrued before or as a result of termination.

4. License.

You grant us a royalty-free, non-exclusive, worldwide right and license for the duration of your original and derivative intellectual property rights to use any and all of Your Trademarks  for the Services or other MARKET WORLD MARKETPLACE product or service; provided, however, that we will not alter any of Your Trademarks from the form provided by you) and will comply with your removal requests as to specific uses of Your Materials (provided you are unable to do so using standard functionality made available to you via the applicable MARKET WORLD MARKETPLACE Site or Service).

5. Product Listing and Quality

You are responsible for the accuracy and content of the listing and item offered. Content that violates any of MARKET WORLD MARKETPLACE’s policies may be deleted at MARKET WORLD MARKETPLACE’s discretion.

a) Seller must ensure adequate supplies of each product at all times. When listing a product, if the minimum order quantity is set, MARKET WORLD MARKETPLACE will automatically alert the seller when the available quantity is less than the minimum order quantity.

You will be alerted if the products nears the minimum stock quantity.

b) If a product goes out of stock it will be delisted automatically from MARKET WORLD MARKETPLACE.

c) The image quality of all products shall comply with our product policy and guidelines.

d) The title and description of a product shall accurately reflect the actual product.

6. Order Process, Fulfilment, and Shipping

(a)  Order Process. All transactions with Buyers are between you and the Buyer, and you will be the Seller of record. Buyers will place Orders using MARKET WORLD MARKETPLACE and MARKET WORLD MARKETPLACE will collect all payments from such transactions on your behalf.

(b)  You hereby authorize MARKET WORLD MARKETPLACE to accept payments from Buyers on your behalf only in the capacity of an online marketplace. As such, when a Buyer pays MARKET WORLD MARKETPLACE, it shall be construed as if the Buyer will be paying you, the Seller. The platform will electronically notify you when an Order is placed by the Buyer and provide the necessary information to allow you to fulfil each Order. The Buyer will receive an electronic notification confirming receipt of an Order.

7. Order Fulfilment.

Once the platform has submitted an Order to you, you will be responsible for, and bear all liability for, the fulfilment of the Order, including acknowledging and processing the Order, packaging and preparing the Order for shipment. Failure to use the provided packaging or sticker may result in the shipper refusing to receive the product. If you cannot fulfil an Order item, then you will promptly cancel that order item to notify MARKET WORLD MARKETPLACE of such cancellation. The Buyer will also be notified electronically of such cancellation.

8. Shipping.

You will be responsible for preparing Orders promptly for shipment to Buyers. ** Sellers will select qualified Couriers to deliver Orders locally and internationally. When you are finished processing an Order, the platform will send an electronic notification to a designated Courier with the necessary information to allow the Courier to pick up the Order from your location and deliver it to the Buyer. The Buyer will receive an electronic notification confirming shipment of each Order. As an option, you will be able to specify which Products the Buyers may purchase and collect in-store. **

If as a result which any costs or liability arise as a result of the Order not being prepared promptly you will be solely responsible for any such shipment charges, cost of liability that arises. Any costs or liability that arise shall be settled within 24 hours of being notified of any cost or liability. All services offered by MARKET WORLD MARKETPLACE to you at MARKET WORLD MARKETPLACE’s discretion may be suspended until the said cost or liability is settled.

You warrant that each article in the shipment is properly described on the Receipt/Airway Bill and any other documents acceptable and is properly marked addressed and packed to ensure safe transportation with ordinary care handling.

You agree to pay all shipment charges including but not limited to charges incurred as a consequence of incorrect declaration of cargo, improper or insufficient packing securing marking or addressing of the Shipment, or for the acts or omissions of the recipient or anyone else with an interest in the Shipment.

9. Cancellations, Returns and Refunds

(a)  Cancellations. You are responsible for processing all cancellations of orders. You will stop and/or cancel any Order if requested by MARKET WORLD MARKETPLACE; provided that if you have transferred Products to a shipper, you will use commercially reasonable efforts to stop and or cancel delivery by the shipper.

(b)  Cancellation by Seller: You reserve the right to cancel orders you are unable to accept due to, without limitation: i) non-availability of the Product or quantities ordered by Buyer, ii) inaccuracies or errors in pricing information, or iii) You may require additional verifications or information before processing any order. All such cancellation shall be without any recourse to Buyer and without any liability to you or to MARKET WORLD MARKETPLACE. If Buyer’s order is so cancelled, after the payment has been processed, the said amount will be reversed / remitted to the Buyer via the Buyer’s original payment method (e.g. Quisk, credit or debit card).

(c)  Cancellation by the Buyer: You reserve the right to accept or reject requests for order cancellations by the Buyer. As part of usual business practice, if you receive a cancellation notice and the order has not been processed, you may cancel the order and refund the entire amount to Buyer within a reasonable period of time.

(d)  Returns and Refunds. You are responsible for processing all returns and refunds. You will be responsible for all non-cash refunds (e.g. store credit and exchanges). For cash refunds MARKET WORLD MARKETPLACE will provide the refund to the Buyer via the Buyer’s original payment method. If MARKET WORLD MARKETPLACE makes a cash refund to a Customer for a Product returned to you, MARKET WORLD MARKETPLACE, in its sole discretion, will obtain a refund of the payment received by you for such returned Products either (i) via offset of any amounts payable by MARKET WORLD MARKETPLACE to you or (ii) by billing you for such amounts.

10. Representations.

Each party represents and warrants that: (a) if it is a business, it is duly organized, validly existing and in good standing under the Laws of the country in which the business is registered and that you are registering for the Service(s) within such country; (b) it has all requisite right, power, and authority to enter into this Agreement, perform its obligations, and grant the rights, licenses, and authorizations in this Agreement; (c) any information provided or made available by one party to the other party or its Affiliates is at all times accurate and complete; (d) it is not subject to sanctions or otherwise designated on any list of prohibited or restricted parties or owned or controlled by such a party, including but not limited to the lists maintained by the Director of Public Prosecutions of Jamaica, United Nations Security Council, the US Government (e.g., the US Department of Treasury’s Specially Designated Nationals list and Foreign Sanctions Evaders list and the US Department of Commerce’s Entity List), the European Union or its member states, or other applicable government authority; and (e) it will comply with all applicable Laws in performance of its obligations and exercise of its rights under this Agreement.

11. Indemnification.

Your indemnification obligations. You will defend, indemnify, and hold harmless MARKET WORLD MARKETPLACE, and our officers, directors, employees, and agents, against any 

third-party claim, loss, damage, settlement, cost, expense, or other liability (including, without limitation, attorneys’ fees) (each, a “Claim”) arising from or related to (a) your non-compliance with applicable Laws; (b) Your Products, including the offer, sale, refund, cancellation, return, or adjustments thereof, Your Trademarks, any actual or alleged infringement of any Intellectual Property Rights by any of the foregoing, and any personal injury, death (to the extent the injury or death is not caused by MARKET WORLD MARKETPLACE), or property damage related thereto; (c) Your Taxes and duties or the collection, payment, or failure to collect or pay Your Taxes or duties, or the failure to meet tax registration obligations or duties; or (d) actual or alleged breach of any representations you have made.

Process. If any indemnified Claim might adversely affect us, we may, to the extent permitted by applicable Law, voluntarily intervene in the proceedings at our expense. No party may consent to the entry of any judgment or enter into any settlement of an indemnified Claim without the prior written consent of the other party; except that a party may settle any claim that is exclusively directed at and exclusively affects that party.

12. Disclaimer & General Release.

THE MARKET WORLD MARKETPLACE PLATFORM AND THE SERVICES, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON OR PROVIDED IN CONNECTION WITH THE SERVICES, ARE PROVIDED “AS-IS.” AS A USER OF THE SERVICES, YOU USE THE MARKET WORLD MARKETPLACE SITES, THE SERVICES, AND SELLER PORTAL AT YOUR OWN RISK. EXCEPT THOSE SET FORTH IN SECTION 5 ABOVE, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE AND OUR AFFILIATES DISCLAIM: (i) ANY REPRESENTATIONS OR WARRANTIES REGARDING THIS AGREEMENT, THE SERVICES OR THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT; (ii) IMPLIED WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE; AND (iii) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM, OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM OUR NEGLIGENCE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MARKET WORLD MARKETPLACE SITES AND THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE, TIMELY, SECURE, UNINTERRUPTED, OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING BUT NOT LIMITED TO SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION, OR SETTLEMENT OF ANY TRANSACTIONS.

SAVE FOR THE FULFILMENT OF THE SERVICE TO THE USER  BECAUSE MARKET WORLD MARKETPLACE IS NOT INVOLVED IN TRANSACTIONS BETWEEN CUSTOMERS AND SELLERS OR OTHER PARTICIPANT DEALINGS, IF A DISPUTE ARISES BETWEEN ONE OR MORE PARTICIPANTS, EACH PARTICIPANT RELEASES MARKET WORLD MARKETPLACE (AND ITS AGENTS AND EMPLOYEES) FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

13. Limitation of Liability.

We WILL NOT BE LIABLE (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHER THEORY), OR OTHERWISE) TO YOU OR ANY OTHER PERSON FOR COST OF COVER, RECOVERY, OR RECOUPMENT OF ANY INVESTMENT MADE BY YOU OR YOUR AFFILIATES IN CONNECTION WITH THIS AGREEMENT, OR FOR ANY LOSS OF PROFIT, REVENUE, BUSINESS, OR DATA OR PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, EVEN IF MARKET WORLD MARKETPLACE HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE COSTS OR DAMAGES. FURTHER, OUR LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED WILL NOT EXCEED AT ANY TIME THE VALUE OF THE SAID TRANSACTION ORDER VALUE  PAID BY YOU TO MARKET WORLD MARKETPLACE IN CONNECTION WITH THE PARTICULAR SERVICE GIVING RISE TO THE CLAIM

14. Tax Matters.

As between the parties, you will be responsible for the collection, reporting, and payment of any and all of Your Taxes. The Product list price must include any applicable taxes. The payment of taxes on your behalf does not form part of the Services offered by MARKET WORLD MARKETPLACE. MARKET WORLD MARKETPLACE will before making any payments to you will withhold all service fees and payments payable by you to MARKET WORLD MARKETPLACE under this Agreement or the applicable Service Terms.

15. Confidentiality and Personal Data.

During the course of your use of the Services, you may receive Confidential Information. You agree that for the term of the Agreement and 5 years after termination: (a) all Confidential Information will remain MARKET WORLD MARKETPLACE’s exclusive property; (b) you will use Confidential Information only as is reasonably necessary for your participation in the Services; (c) you will not otherwise disclose Confidential Information to any other Person except as required to comply with the Law; (d) you will take all reasonable measures to protect the Confidential Information against any use or disclosure that is not expressly permitted in this Agreement; and (e) you will retain Confidential Information only for so long as its use is necessary for participation in the Services or to fulfill your statutory obligations (e.g. tax) and in all cases will delete such information upon termination or as soon as no longer required for the fulfillment of statutory obligations. You may not issue any press release or make any public statement related to the Services, or use our name, trademarks, or logo, in any way (including in promotional material) without our advance written permission, or misrepresent or embellish the relationship between us in any way. You may not use our name, trademarks, or logos in any way (including in promotional material) without our advance written permission.

Generally, you may not use customer personal data in any way inconsistent with applicable Law. You must keep customer personal data confidential at all times (the above 5 years’ term limit does not apply to customer personal data).

16. Force Majeure.

We will not be liable for any delay or failure to perform any of our obligations under this Agreement by reasons, events or other matters beyond our reasonable control.

17. Relationship of Parties.

You are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between us. You will have no authority to make or accept any offers or representations on our behalf. This Agreement will not create an exclusive relationship between you and us. Nothing expressed or mentioned in or implied from this Agreement is intended or will be construed to give to any person other than the parties to this Agreement any legal or equitable right, remedy, or claim under or in respect to this Agreement. As between you and us, you will be solely responsible for all obligations associated with the use of any third party service or feature that you permit us to use on your behalf, including compliance with any applicable terms of use. You will not make any statement, whether on your site or otherwise, that would contradict anything in this section.

18. Modification.

We may change or modify the Agreement at any time with immediate effect (a) for legal, regulatory, fraud and abuse prevention, or security reasons; (b) to change existing features or add additional features to the Services (where this does not materially adversely affect your use of the Services); or (c) to restrict products or activities that we deem unsafe, inappropriate, or offensive. After the effective date of any change to this Agreement in accordance with this Section 15 will constitute your acceptance of that change. If any change is unacceptable to you, you agree not to use the Services and to end the Agreement as described in Section 3

19. Export.

You will not directly or indirectly export, re-export, transmit, or cause to be exported, re-exported or transmitted, any commodities, software or technology to any country, individual, corporation, organization, or entity to which such export, re-export, or transmission is restricted or prohibited, including any country, individual, corporation, organization, or entity under sanctions or embargoes administered by the United Nations, US Departments of State, Treasury or Commerce, the European Union, or any other applicable government authority.

20. Miscellaneous.

United States law will govern this Agreement, without reference to rules governing choice of laws or the Convention on Contracts for the International Sale of Goods. MARKET WORLD MARKETPLACE and you both consent that any dispute with MARKET WORLD MARKETPLACE or claim relating in any way to this Agreement or your use of the Services will be resolved by mediation, rather than in court, except that (i) you may assert claims in a small claims court in the parish court. There is no judge or jury in mediation, and court review of an arbitration award is limited. MARKET WORLD MARKETPLACE and you each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.

You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. We may perform any of our obligations or exercise any of our rights under this Agreement through one or more of our Affiliates. MARKET WORLD MARKETPLACE retains the right to immediately halt any of Your Transactions, prevent or restrict access to the Services or take any other action to restrict access to or availability of any inaccurate listing, any inappropriately categorized items, any unlawful items, or any items otherwise prohibited by applicable Program Policies. Because MARKET WORLD MARKETPLACE is not your agent, or the customer’s agent for any purpose, MARKET WORLD MARKETPLACE will not act as either party’s agent in connection with resolving any disputes between participants related to or arising out of any transaction.

MARKET WORLD MARKETPLACE will provide notice to you under this Agreement by posting changes to the applicable MARKET WORLD MARKETPLACE Services site to which the changes relate, by sending you an email notification, or by similar means. You must send all notices and other communications relating to MARKET WORLD MARKETPLACE to our, email, the Contact Us form, or similar means. We may also communicate with you electronically and in other media, and you consent to such communications. You may change your e-mail addresses and certain other information in Seller Portal, as applicable. You will ensure that all of your information is up to date and accurate at all times.

This Agreement represents the entire agreement between the parties with respect to the Services and related subject matter and supersedes any previous or contemporaneous oral or written agreements and understandings.