General Terms and Conditions of Use of the Marketplace for Buyers and Sellers

Introduction


These general terms and conditions shall apply to buyers and sellers on the marketplace and shall govern your use of the marketplace and related services.

By using our marketplace you accept these general terms and conditions in full. If you disagree with these general terms and conditions or any part of these general terms and conditions you must not use our marketplace.

If you use our marketplace in the course of a business or other organizational project then by so doing you:

    • Confirm that you have obtained the necessary authority to agree to these general terms and conditions;
    • bind both yourself and the person company or other legal entity that operates that business or organizational project to these general terms and conditions; and
    • agree that you in these general terms and conditions shall reference both the individual user and the relevant person company or legal entity unless the context requires otherwise.

 

Registration and account

You may not register with our marketplace if you are under 18 years of age (by using our marketplace or agreeing to these general terms and conditions you warrant and represent to us that you are at least 18 years of age).

If you register for an account with our marketplace you will be asked to provide an email address/user ID and password and you agree to:

    • keep your password confidential;
    • Notify us in writing immediately (using our contact details provided at section 26) if you become aware of any disclosure of your password; and
    • be responsible for any activity on our marketplace arising out of any failure to keep your password confidential and that you may be held liable for any losses arising out of such a failure.
    • Your account shall be used exclusively by you and you shall not transfer your account to any third party. If you authorize any third party to manage your account on your behalf this shall be at your own risk.
    • We may suspend or cancel your account and/or edit your account details at any time in our sole discretion and without notice or explanation providing that if we cancel any products or services you have paid for but not received and you have not breached these general terms and conditions we will refund you in respect of the same.
    • You may cancel your account on our marketplace by contacting us

 

Terms and conditions of sale

    1. the marketplace provides an online location for sellers to sell and buyers to purchase products;
    2. we shall accept binding sales on behalf of sellers but (unless Niggle Mart is indicated as the seller) Niggle Mart is not a party to the transaction between the seller and the buyer; and
    3. a contract for the sale and purchase of a product or products will come into force between the buyer and seller and accordingly you commit to buying or selling the relevant product or products upon the buyer’s confirmation of purchase via the marketplace.
    1. the price for a product will be as stated in the relevant product listing;
    2. the price for the product must include all taxes and comply with applicable laws in force from time to time;
    3. delivery charges packaging charges handling charges administrative charges insurance costs other ancillary costs and charges where applicable will only be payable by the buyer if this is expressly and clearly stated in the product listing; and delivery of digital products may be made electronically;
    4. products must be of satisfactory quality fit and safe for any purpose specified in and conform in all material respects to the product listing and any other description of the products supplied or made available by the seller to the buyer; and
    5. in respect of physical products sold the seller warrants that the seller has good title to and is the sole legal and beneficial owner of the products and/or has the right to supply the products pursuant to this agreement and that the products are not subject to any third party rights or restrictions including in respect of third party intellectual property rights and/or any criminal insolvency or tax investigation or proceedings; and in respect of digital products the seller warrants that the seller has the right to supply the digital products to the buyer.

Returns and refunds

Returns of products by buyers and acceptance of returned products by sellers shall be managed by us in accordance with the returns page on the marketplace as may be amended from time to time. Acceptance of returns shall be in our discretion subject to compliance with applicable laws of the territory.

Refunds in respect of returned products shall be managed in accordance with the refunds page on the marketplace as may be amended from time to time. Our rules on refunds shall be exercised in our discretion subject to applicable laws of the territory. We may offer refunds in our discretion:

    1. in respect of the product price;
    2. local and/or international shipping fees (as stated on the refunds page); and
    3. by way of store credits vouchers mobile money transfer bank transfers or such other methods as we may determine from time to time.

Payments

You must make payments due under these general terms and conditions in accordance with the Payments Information and Guidelines on the marketplace.

Store Credit

Store Credits may be earned and managed in accordance with the Niggle Marts Credit Terms and Conditions as may be amended from time to time. Niggle Mart reserves the right to cancel or withdraw Niggle Mart credit rewards for any reason in its discretion including if we suspect fraud or foul play. You can view Reward Store Credit terms and conditions on our website

Promotions

Promotions and competitions run by Niggle Mart and/or other promoters shall be managed in accordance with the Promotions Terms and Conditions. You can view each Promotion’s terms and conditions on our website

Rules about your content

In these general terms and conditions your content means:

    1. all works and materials (including without limitation text graphics images audio material video material audio-visual material scripts software and files) that you submit to us or our marketplace for storage or publication processing by or onward transmission; and
    2. all communications on the marketplace including product reviews feedback and comments.
    1. be offensive obscene indecent pornographic lewd suggestive or sexually explicit;
    2. depict violence in an explicit graphic or gratuitous manner; or
    3. be blasphemous in breach of racial or religious hatred or discrimination legislation;
    4. be deceptive fraudulent threatening abusive harassing anti-social menacing hateful discriminatory or inflammatory;
    5. cause annoyance inconvenience or needless anxiety to any person; or
    6. constitute spam.
    1. any copyright moral right database right trademark right design right right in passing off or other intellectual property right;
    2. any right of confidence right of privacy or right under data protection legislation;
    3. any contractual obligation owed to any person; or
    4. any court order.
    1. contacting another user to buy or sell an item listed on the marketplace outside of the marketplace; or
    2. communicating with a user involved in an active or completed transaction to warn them away from a particular buyer seller or item; or
    3. contacting another user with the intent to collect any payments.

Our rights to use your content

9.1 – You grant to us a worldwide irrevocable non-exclusive royalty-free license to use reproduce store adapt publish translate and distribute your content on our marketplace and across our marketing channels and any existing or future media.

9.2 – You grant to us the right to sub-license the rights licensed under section 9.1

9.3 – You grant to us the right to bring an action for infringement of the rights licensed under section 9.1

9.4 – You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

9.5 – Without prejudice to our other rights under these general terms and conditions if you breach our rules on content in any way or if we reasonably suspect that you have breached our rules on content we may delete unpublish or edit any or all of your content.

Use of website and mobile applications

In this section 10 words “marketplace” and website” shall be used interchangeably to refer to Niggle Mart’s websites and mobile applications.

You may:

    1. view pages from our website in a web browser;
    2. download pages from our website for caching in a web browser;
    3. print pages from our website for your own personal and non-commercial use providing that such printing is not systematic or excessive;
    4. stream audio and video files from our website using the media player on our website; and
    5. use our marketplace services by means of a web browser
    1. republish material from our website (including republication on another website);
    2. sell rent or sub-license material from our website;
    3. show any material from our website in public;
    4. exploit material from our website for a commercial purpose; or
    5. redistribute material from our website.

Copyright and trademarks

Data privacy

Buyers agree to processing of their personal data in accordance with the terms of Niggle Mart’s Privacy and Cookie Notice.

Niggle Mart shall process all personal data obtained through the marketplace and related services in accordance with the terms of our Privacy and Cookie Notice and Privacy Policy.

Sellers shall be directly responsible to buyers for any misuse of their personal data and Niggle Mart shall bear no liability to buyers in respect of any misuse by sellers of their personal data.

Due diligence and audit rights

We operate an anti-fraud and anti-money laundering compliance program and reserve the right to perform due diligence checks on all users of the marketplace.

You agree to provide to us all such information documentation and access to your business premises as we may require:

    1. in order to verify your adherence to and performance of your obligations under these terms and conditions;
    2. for the purpose of disclosures pursuant to a valid order by a court or other governmental body; or
    3. as otherwise required by law or applicable regulation.

Niggle Mart’s role as a marketplace

    1. Niggle Mart facilitates a marketplace for buyers and third party sellers or Niggle Mart where Niggle Mart is the seller of a product;
    2. the relevant seller of the product (whether Niggle Mart is the seller or whether it is a third party seller) shall at all times remain exclusively liable for the products they sell on the marketplace; and
    3. in the event that there is an issue arising from the purchase of a product on the marketplace the buyer should seek recourse from the relevant seller of the product by following the process set out in our DISPUTE RESOLUTION POLICY
    1. the relevant seller warrants and represents the completeness and accuracy of their information published on our marketplace relating to their products;
    2. the relevant seller warrants and represents that the material on the marketplace is up to date; and
    3. if a buyer has a complaint relating to the accuracy or completeness of the product information received from a seller (including where Niggle Mart is the seller) the buyer can seek recourse from the relevant seller by following the process set out in the Niggle Mart Dispute Resolution Policy.

Limitations and exclusions of liability

15.1 – Nothing in these general terms and conditions will:

    1. any losses occasioned by any interruption or dysfunction to the website;
    2. any losses arising out of any event or events beyond our reasonable control;
    3. any business losses including (without limitation) loss of or damage to profits income revenue use production anticipated savings business contracts commercial opportunities or goodwill;
    4. any loss or corruption of any data database or software; or
    5. any special indirect or consequential loss or damage.

Indemnification

You hereby indemnify us and undertake to keep us indemnified against:

    1. any and all losses damages costs liabilities and expenses (including without limitation legal expenses and any amounts paid by us to any third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of our marketplace or any breach by you of any provision of these general terms and conditions or the Niggle Mart codes policies or guidelines; and
    2. any VAT liability or other tax liability that we may incur in relation to any sale supply or purchase made through our marketplace where that liability arises out of your failure to pay withhold declare or register to pay any VAT or other tax properly due in any jurisdiction.

 

Breaches of these general terms and conditions

If we permit the registration of an account on our marketplace it will remain open indefinitely subject to these general terms and conditions.

If you breach these general terms and conditions or if we reasonably suspect that you have breached these general terms and conditions or any Niggle Mart codes policies or guidelines in any way we may:

    1. temporarily suspend your access to our marketplace;
    2. permanently prohibit you from accessing our marketplace;
    3. block computers using your IP address from accessing our marketplace;
    4. contact any or all of your internet service providers and request that they block your access to our marketplace;
    5. suspend or delete your account on our marketplace; and/or
    6. commence legal action against you whether for breach of contract or otherwise.

Entire agreement

These general terms and conditions and the Niggle Mart codes policies and guidelines (and in respect of sellers the seller terms and conditions) shall constitute the entire agreement between you and us in relation to your use of our marketplace and shall supersede all previous agreements between you and us in relation to your use of our marketplace.

Hierarchy

Should these general terms and conditions the seller terms and conditions and the Niggle Mart codes policies and guidelines be in conflict these terms and conditions the seller terms and conditions and the Niggle Mart codes policies and guidelines shall prevail in the order here stated.

Variation

We may revise these general terms and conditions the seller terms and conditions and the Niggle Mart codes policies and guidelines from time to time.

The revised general terms and conditions shall apply from the date of publication on the marketplace.

No waiver

No waiver of any breach of any provision of these general terms and conditions shall be construed as a further or continuing waiver of any other breach of that provision or any breach of any other provision of these general terms and conditions.

Severability

If a provision of these general terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable the other provisions will continue in effect.

If any unlawful and/or unenforceable provision of these general terms and conditions would be lawful or enforceable if part of it were deleted that part will be deemed to be deleted and the rest of the provision will continue in effect.

Assignment

You hereby agree that we may assign transfer sub-contract or otherwise deal with our rights and/or obligations under these general terms and conditions.

You may not without our prior written consent assign transfer sub-contract or otherwise deal with any of your rights and/or obligations under these general terms and conditions.

Third party rights

A contract under these general terms and conditions is for our benefit and your benefit and is not intended to benefit or be enforceable by any third party.

The exercise of the parties’ rights under a contract under these general terms and conditions is not subject to the consent of any third party.

Law and jurisdiction

These general terms and conditions shall be governed by and construed in accordance with the laws of the territory.

Any disputes relating to these general terms and conditions shall be subject to the exclusive jurisdiction of the courts of the territory.

Our company details and notices

You can contact us by using the contact details listed in Appendix 1.

You may contact our sellers for after-sales queries including any disputes by requesting their contact details from the Niggle Mart in accordance with the DISPUTE RESOLUTION POLICY pursuant to which Niggle Mart shall be obliged to ensure that the seller is clearly identifiable.

You consent to receive notices electronically from us. We may provide all communications and information related to your use of the marketplace in electronic format either by posting to our website or application or by email to the email address on your account. All such communications will be deemed to be notices in writing and received by and properly given to you.

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