These Terms of Service (“Terms”) govern your use of the websites and services provided by uMarket (as defined below).
These Terms applies to all users of uMarket, including without limitation users who are sellers, buyers, merchants, or contributors of content, information and other materials. If you are entering into this agreement for and on behalf of a business entity, and the term “you” in this agreement shall mean the business entity on whose behalf you are using the our website and services, unless the context does not permit.
These Terms are between you and uMarket or between you and any different service. For ease of reference, each of uMarket and its subsidiaries are referred to in these Terms as “uMarket”.
By using our website or services in any manner, including but not limited to visiting or browsing, you agree to observe and be bound by these Terms and the additional terms and conditions and policies referenced herein and/or available by hyperlink.
uMarket reserves the right to change or modify these Terms at any time. You will be deemed to have agreed to the amended Terms by your continued use of our website and services following the date on which the amended Terms are posted here.
If you have any questions, please contact us.
2. Use of our website and services
Subject to your compliance with these Terms, uMarket grants you a limited, non-exclusive, revocable (with or without cause), non-transferable right and license to use the our website and services.
You shall use our website and services in accordance with these Terms and shall not:
- Upload any Content (as defined below) that violates or infringes another party’s rights of publicity, privacy, copyright, trademark or any other intellectual property right.
- Copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, interfere with, or disrupt the integrity or the performance of our website.
- Make any modification, adaptation, improvement, enhancement, translation or derivative work from our website.
- Violate any applicable laws, rules or regulations in connection with your access or use of our website.
- Use our website and services in violation of or to circumvent any sanctions or embargo.
- Remove, alter or obscure any proprietary notice (including any notice of copyright and trademark) of uMarket or its affiliates, partners, suppliers or licensors.
- Use our website or services for any purpose for which it is not designed or intended.
- Use our website or services to create or promote a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for uMarket, product or software offered by uMarket..
- Use any proprietary information or interfaces of uMarket or any other intellectual property of uMarket in the design, development, manufacture, licensing or distribution of any application, accessories or devices for use with our website or services
- Use our website or servies to send, post, or otherwise communicate any Content which is offensive, indecent, threatening, abusive, insulting, harassing, defamatory, libellous, deceptive, fraudulent, tortious, obscene, profane, invasive of another person’s privacy, or racially, ethnically or otherwise objectionable.
- Use our website or services to send automated, unsolicited or unauthorised messages, advertising or promotional material or any junk mail, spam or chain letters.
- Upload to, or transmit through our website any data, file, software or link that contains or redirects to a virus, Trojan horse, worm or other harmful components.
- Use any scraper, robot, bot, spider, crawler or any other automated device or means to access, acquire, copy or monitor any portion of uMarket, or any data or content found.
- Collect any information in respect of other users without their consent.
- Commit any act to avoid paying any applicable fees and/or charges.
- Attempt to and/or engage in any activity or act that is intended to abuse, abuses or inappropriately manipulates any promotion, campaign and/or discount codes offered through uMarke. Such act and activities include but are not limited to: creating fake or duplicate accounts; generating fake orders; buying and reselling your own inventory.
- Authorise or encourage anyone to do any of the foregoing.
uMarket reserves the right to claw back any cashbacks, prizes and/or amounts paid to you under any event, promotion, offers, campaign and any other activities and/or terminate or suspend your account, if you are subsequently found or suspected to be engaged in any activity or act that is in breach of these Terms, our guidelines, any additional terms and conditions and policies.
You would need to have an account with uMarket (“Account”) in order to use some parts of the website. When you create an Account, you represent and warrant that:
- If you are representing a company, organisation or any other legal entity (“Entity”), you have authority to bind the Entity to these Terms.
- You are capable of entering into and performing legally binding contracts under applicable law.
- All information which you provide is accurate, up to date, truthful and complete.
You are responsible for all activities and transactions under your Account. We will not be responsible in any way if your password and/or Account are misappropriated or used by a third party. You, therefore agree to:
- Keep your password secure.
- Keep your account information up to date at all times.
Unless expressly permitted by uMarket and subject to these Terms and any other additional terms as uMarket determines, you shall not set up multiple Accounts. You shall not lend, transfer or sell your Account or user ID to another party and must not use another user’s Account without their permission.
4. uMarket is a Venue
uMarket provide a venue for users to interact with each other, and to buy and sell items. uMarket does not pre-screen a user or the Content provided by a user, nor is uMarket directly involved in transactions between users. Consequently, uMarket has no control over, and you agree that uMarket is not responsible or liable for, any of the following:
- The quality, safety, morality or legality of any aspect of the items listed.
- The truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items.
- The true identity, age, nationality, or sense of humour of a user.
- Any Content posted by users.
You are encouraged to use the features and functions available on uMarket to communicate with other users and/or to find out more about an item which a user has put up for sale. However, please exercise common sense and good judgment in your interactions with other users. While uMarket endeavours to keep the environment safe for everyone, your use of the uMarket and our services and your interactions with other users is entirely at your own risk.
uMarket allow users to create listings and share content, such as photos, videos, comments, data, text, links and other information (“Content”).
You understand and agree that you are solely responsible for the Content which you post or share on or through uMarket and any loss or damage which you sustain as result of such Content is solely your responsibility.
You acknowledge that uMarket does not pre-screen Content uploaded by users. uMarket shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available on uMarket. Without limiting the foregoing, uMarket shall have the right to remove Content, without liability or the obligation to offer a refund, in any of the following events:
- If the Content is in breach of these Terms.
- If uMarket has received a complaint or notice of infringement in respect of the Content.
- If the Content is otherwise objectionable.
uMarket may also block Content and the delivery of a communication (including, without limitation, feedback, postings, messages and/or chats) to or from uMarket as part of efforts to protect uMarket or users, or to otherwise enforce these Terms.
6. Selling and Buying on uMarket
In using uMarket to create a listing and offer an item for sale, post a job opening and/or offer a service (as the case may be), you agree to comply with the following:
- All items must comply with these Terms and uMarket’s policies.
- You must provide a fair, accurate and complete description of each item, including your price for the item.
- Each item, job opening and/or offer of services must have its own listing.
- Your listing for an item may only include text, descriptions, graphics, images and other content relevant to the item. All Content contained in a listing must be true, complete, accurate and not misleading in any manner whatsoever.
- All items must be listed in the appropriate category.
- Any links included in your listing leads to your personal or corporate website and must not include any links to third party websites.
You acknowledge and agree that uMarket has no control over any website other than the uMarket website.
Without prejudice to the rest of these Terms and uMarket’s policies, you warrant, in respect of each item which you offer for sale on uMarket (as the case may be), that:
- You are the owner of the item, and the item is not stolen.
- The item is not counterfeit and does not infringe upon any third party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights.
- The sale of the item complies with all laws and regulations which apply to that item.
- The item is not dangerous, hazardous or subject to a recall by a government or manufacturer.
- The Content in any listing does not infringe or violate any applicable laws and regulations, the intellectual property rights or proprietary rights of a third party.
All offers made and accepted through uMarket are binding.
If you are a seller who has accepted a buyer’s offer for an item:
- You agree to ship the item or otherwise complete the transaction with the buyer in a prompt manner unless there is an exceptional circumstance, for instance, if the buyer fails to meet the terms of your listing (such as payment method), or you cannot authenticate the buyer’s identity.
- You may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the item. However, you must not charge excessive shipping fees or otherwise avoid fees.
- You may not alter the item’s price after a sale, or misrepresent the item’s location and price.
If you are a buyer whose offer for an item has been accepted by a seller, you agree to make prompt payment to the seller for the item, unless there is an exceptional circumstance, for instance, if you are cannot authenticate the seller’s identity.
In communicating with a user through uMarket for the offering of or acceptance of a purchase or sale of an item (each, a “Transaction”), you may obtain personal information of that user, such as their email address, phone number and mailing address. Without obtaining prior permission of the user, you shall use such information solely for the purpose of the Transaction.
Notwithstanding the foregoing, as uMarket is not involved in Transactions which are considered solely between users, uMarket cannot ensure that a user (whether as a buyer or seller) would follow through and complete a Transaction.
Please kindly note that failure to provide such information or providing false or misleading information may result in the commission of an offence for which uMarket shall not be liable.
8. Intellectual Property
You acknowledge and agree that uMarket website and our services and all copyright, patents, trademarks, trade secrets and other intellectual property rights associated therewith are, and shall remain, the property of uMarket. Furthermore, you acknowledge and agree that the source and object code of uMarket and the format, directories, queries, algorithms, structure and organization of uMarket are the intellectual property and proprietary and confidential information of uMarket. You are not granted any intellectual property rights in and to the Services not expressly granted in these Terms and such rights are hereby reserved and retained by uMarket.
The Services may utilise or include third party software that is subject to open source and third party licence terms (“Third Party Software”). You acknowledge and agree that your right to use such Third Party Software as part of uMarket is subject to and governed by the terms and conditions of the open source and third party licenses applicable to such Third Party Software, including, without limitation, any applicable acknowledgements, licence terms and disclaimers contained therein. In the event of a conflict between these Terms and the terms of such open source or third party licences, the terms of the open source or third party licences shall prevail with regard to your use of the relevant third party software. In no event shall the Services or components thereof be deemed to be open source or publicly available software.
You are not authorised by uMarket to use uMarket’s trademarks in any advertising, publicity or in any other commercial manner without the prior written consent of uMarket, which may be withheld for any or no reason.
9. Reporting Unauthorised Content
uMarket respects the intellectual property rights of others and we expect the same of our users. If you believe that there has been unauthorised use of your intellectual property rights by a user, please report the user by clicking the “Report User” button in their respective profile page.
uMarket reserves the right to suspend or terminate your account and/or your access to uMarket if there are repeat complaints against you of intellectual property infringement.
10. Suspension and Termination
You may deactivate your Account at any time through the “Account Settings” section of your Dashboard.
uMarket reserves the right to, at its sole discretion, and without liability:
- Suspend or terminate your Account and/or your access to uMarket at any time, for any breach of these Terms, our guidelines, any additional terms and conditions and policies.
- Suspend or terminate your Account and/or your access to uMarket at any time, for any reason, and without advance notice.
- Change, modify, suspend or discontinue, whether temporarily or permanently, the whole or any part of uMarket at any time, for any reason, and without advance notice.
You acknowledge and agree that if you deactivate your Account or if we suspend or terminate your Account, you will lose any information associated with your Account, including Content. It is your responsibility to backup the Content which you upload to uMarket.
Upon termination, all licenses and rights granted to you in these Terms will immediately cease.
11. No Warranty
You acknowledge and agree that uMarket are provided on an “as is” and “as available” basis, and that your use of or reliance upon uMarket and any content, products or services accessed or obtained thereby is at your sole risk and discretion.
uMarket does not represent or warrant that: (a) the use of uMarket will be secure, timely, uninterrupted or error free or that they will be compatible or operate in combination with any other hardware, software, system or data; (b) uMarket will meet your requirements or expectations; (c) errors or defects in uMarket will be corrected; or (d) uMarket’s servers are free of viruses or other harmful components.
All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement, are hereby excluded and disclaimed to the fullest extent permitted under the law.
uMarket may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications (including problems inherent to the computer or electronic device you use). uMarket is not responsible for any delays, delivery failures, damages, or losses resulting from such problems.
No advice or information, whether oral or written, obtained by you from uMarket or from our services shall create any representation, warranty or guarantee.
In addition, uMarket may promote, advertise or sponsor functions, events, offers, competition or other activities which may be conducted online or offline and which may be conducted by third parties. These activities may be subjected to separate terms and conditions; your participation in such activities is solely at your digression and risk. uMarket does not accept any responsibility in connection with your participation in activities conducted by any other party.
uMarket does not warrant that uMarket website will be compatible or interoperable with your device or any other piece of hardware, software, equipment or device installed on or used in connection with your device. Furthermore, you acknowledge that compatibility and interoperability problems can cause the performance of your device to diminish or fail completely, and may result in permanent damage to your device, loss of data located on your device, and corruption of the software and files located on your device. You acknowledge and agree that uMarket and its subsidiaries, affiliates, partners, suppliers and licensors shall have no liability to you for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.