Terms of Service for Marketpay, Inc.
Last Updated: July 8, 2024
These Terms of Service ("Terms") govern your access to and use of Marketpay, Inc.'s ("Marketpay", "we", "us", or "our") website, services, and mobile applications (collectively, the "Services"). Please read these Terms carefully before using our Services.
1. Acceptance of Terms
By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use our Services.
2. Changes to Terms
We reserve the right to modify these Terms at any time. We will provide notice of any material changes by posting the updated Terms on our website. Your continued use of our Services after such changes constitutes your acceptance of the new Terms.
3. User Accounts
3.1. You must be at least 18 years old to use our Services. By creating an account, you represent and warrant that you are at least 18 years of age.
3.2. You are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account.
3.3. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.
3.4. You agree to provide accurate and current information during the registration process and to update such information to keep it accurate and current.
4. SMS and Communication
4.1. By providing your mobile phone number and using our Services, you consent to receive SMS messages for account multi-factor authentication, including one-time passcodes.
4.2. You also agree to receive SMS notifications regarding order status updates, messages received from other users, and other critical notifications about items you have listed or purchased.
4.3. You acknowledge that standard message and data rates may apply to these SMS communications.
4.4. You may opt out of receiving SMS notifications at any time by adjusting your account settings or contacting our customer support. However, you acknowledge that opting out may impact your ability to use certain features of our Services.
5. User Conduct and Content
5.1. You are solely responsible for your conduct and any data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on Marketpay.
5.2. You agree not to use our Services for any illegal or unauthorized purpose. You must not, in the use of the Services, violate any laws in your jurisdiction (including but not limited to copyright laws).
5.3. You agree not to transmit any worms or viruses or any code of a destructive nature.
5.4. Marketpay has the right but not the obligation to monitor and edit or remove any Content provided by users.
6. Prohibited Activities
You agree not to engage in any of the following prohibited activities:
- Using the Services for any illegal purpose or in violation of any local, state, national, or international law;
- Conducting fraudulent activities on the Marketpay platform;
- Attempting to circumvent any Marketpay security feature;
- Violating the privacy or infringing the rights of others;
- Using the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services;
- Posting false, inaccurate, misleading, defamatory, or libelous content;
- Distributing or posting spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
- Impersonating or misrepresenting your affiliation with any person or entity;
- Harvesting or collecting information about users without their consent;
- Selling or transferring your account.
7. Marketplace Specific Terms
7.1. Listing Items: When listing an item for sale, you agree to provide accurate, complete, and up-to-date information about the item, including its condition, any defects, and shipping details.
7.2. Prohibited Items: You agree not to list any items that are illegal, counterfeit, stolen, or violate any third-party intellectual property rights. Marketpay reserves the right to remove any listing at its sole discretion.
7.3. Pricing and Payments: As a seller, you are responsible for setting the price of your items. You agree to honor the prices you set and not to manipulate pricing in any way. All payments must be processed through Marketpay's payment system.
7.4. Shipping and Fulfillment: Sellers are responsible for shipping items to buyers in a timely manner and as described in the listing. Buyers are responsible for providing accurate shipping information.
7.5. Returns and Refunds: Sellers must clearly state their return and refund policies in their listings. Marketpay reserves the right to mediate disputes between buyers and sellers, and to issue refunds at its discretion.
7.6. Fees: Marketpay charges fees for the use of its Services. These fees are clearly stated on our website and may be updated from time to time. You agree to pay all applicable fees. We reserve the right to change our fees for listed items at any time, and we will update these Terms to reflect any such changes.
8. Limitation of Liability
8.1. Marketpay is a platform that facilitates transactions between buyers and sellers. We are not a party to any transaction between users.
8.2. We do not control the Content provided by our users and do not guarantee the quality, safety, or legality of items advertised; the truth or accuracy of users' Content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.
8.3. You release us from any claims, demands, and damages arising out of disputes with other users or third parties.
8.4. In no event shall Marketpay, its directors, officers, employees, or agents be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the Services.
9. Indemnification
You agree to indemnify and hold harmless Marketpay and its officers, directors, employees, and agents, from and against any claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys' fees) arising out of or in any way connected with your use of the Services, your violation of these Terms, or your violation of any rights of another.
10. Dispute Resolution
10.1. Any dispute arising from these Terms or your use of the Services will be governed by and construed and enforced in accordance with the laws of Delaware, United States, without regard to conflict of law rules.
10.2. Any dispute, controversy, or claim arising out of or relating to these Terms, including the formation, interpretation, breach, or termination thereof, will be referred to and finally resolved by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules.
11. Disclaimer of Warranties
The Services are provided on an "as is" and "as available" basis. Marketpay expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
12. Intellectual Property
The Service and its original content, features, and functionality are and will remain the exclusive property of Marketpay and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries.
13. Termination
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
14. Contact Us
If you have any questions about these Terms, please contact us at legal@marketpay.app