PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING OUR APPLICATIONS, WEBSITE, OUR OTHER SERVICES OR PRODUCTS, YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS DESCRIBED HEREIN. DO NOT ACCESS OR USE THE STRYKER AND ITS PRODUCTS OR SERVICES IF YOU DO NOT AGREE TO ALL OF THE TERMS DESCRIBED HEREIN. THESE TERMS AND CONDITIONS INCLUDES DETAILED INFORMATION ON THE USE OF PRODUCTS AND SERVICES WHICH AFFECT YOUR RIGHTS ABOUT HOW TO RESOLVE ANY DISPUTE WITH STRYKER SOFTWARE PVT. LTD.
These Terms described herein apply to your access to and use of the “Market” Service provided by Stryker Software Pvt. Ltd. (“Market” “Stryker Software Pvt. Ltd.” “we” and “us”). Additional terms (including, but not limited to, the terms of third party payment processors and social media services.) may apply to particular features and functionality associated to the Market Services.
Note: Market may change or amend this document when needed. The amendments may affect certain users or all. As a result, some provisions of these Terms of Service may not apply to all users. That is only available to certain users. As a result, some provisions of these Terms of Service related to the payments solution may not apply to all users.
The Market Service is not intended for use by, nor targeted towards anyone under the age of thirteen (13). If you are between the age of thirteen (13) and eighteen (18), you may use the MARKET services under the supervision of a legal guardian or parents who agrees to be bound by the Terms and conditions described herein.
If you are interested in registering to use the MARKET Service on behalf of a legal body, you further warrant and represent that (a) such legal body is existing under the applicable laws of the jurisdiction of its organization, and (b) you are legally entitled to act on its behalf.
2. Registration for account and Security Responsibilities
A. THE PROCESS.
In order to access certain parts of the MARKET Service (including website, application and other products or services.) you may be asked to sign up for a MARKET account (an “Account”). Creating an Account, may require certain information from you (“Registration Data”) and provide the details for fields marked “required.” Registering for an account means that You agree to: (a) provide complete, current and accurate Registration Data; (b) update and maintain the Registration Data to keep your information correct, true and current; and (c) consent to allow MARKET to contact you for the purpose of providing you with the services you need, confirming your Registration Data, and to resolve disputes.
B. Social Media Connection.
C. Your Account Security.
As a registered user, you are responsible for: (a) maintaining the privacy of your Account details, (b) restricting access to your account and device.(c) all charges, liabilities and activities that occur from your Account. (d) Notifying Stryker Software Pvt. Ltd. about any security breaches related to your Account.
4. Electronic Communications
When you use the MARKET Service, communicate with us via MARKET app or website, fill up contact forms available on our website, app and send e-mails to us, you are making an electronic communication with us. You agree to accept electronic communications from us. We will communicate with you by posting notifications through the MARKET service and/or electronic-mail. You agree that all notices, agreement, disclosure and other communications that we provide to you through electronic system satisfy any legal requirements that such communications be in writing.
5. Description of the MARKET Service
The MARKET Service provides an easy and efficient marketplace for selling and buying goods permitted by law. The MARKET Service creates a place for sellers and buyers to connect, provides an opportunity to communicate without disclosing a user's personal contact information including phone number, email address and facilitates a flawless method for creating and negotiating offers to buy goods posted for sale. To participate in the MARKET Service, a seller creates an online shop, creates a product list, posts the photographs he or she wishes to sell via MARKET Service with an asking price to allow any buyer to see and/or buy the product. The MARKET Service includes a personal messaging feature that allows a seller and a buyer to communicate about the details of the good(s) to complete the purchase.
B. Payment Options.
1. Payments Determined by Users.
A seller may, by agreement with the buyer, elect to accept payment by cheque, cash or other payment methods accepted by the seller. Payments may be made directly between the seller and the buyer if they meet in person to complete their purchase. MARKET APP does not facilitate any such transactions and is not a party to facilitate such transactions, returns or refund in any manner.
2. Transactions Final.
Regardless of the method of payment chosen by a seller and buyer, ALL PURCHASES MADE VIA MARKET ARE FINAL, THERE ARE NO RETURNS AND REFUNDS, UNLESS THE BUYER AND THE SELLER OTHERWISE AGREE AND MAKE AN AGREEMENT AND/ARRANGEMENT FOR A RETURN/REPLACEMENT OR REFUND. MARKET does not facilitate any returns and refunds.
It is the sole responsibility of buyer and seller to determine what, if any, taxes apply to good(s) and each transaction you complete via the MARKET Service. MARKET is not responsible for collecting, reporting or forwarding any sales, value added, use or any other tax arising from any of your transaction via the MARKET Service.
6. Discontinuance of the MARKET Service
MARKET may, in its sole discretion and without liability to you, discontinue, terminate, modify, suspend or shut-down (temporarily or permanently) all or any area of the MARKET Service at any time, with and without prior notice. Upon any such action by MARKET, you must immediately stop accessing the MARKET Service. You may also cancel your Account with MARKET at any time, refer the details given in Section 13 below.
7. Acceptable Use
When using or accessing the MARKET Service, you agree that you will not breach any contract, violate any law, intellectual property or other third-party right or commit any misconduct. You agree that you will not do, and will not permit anyone (third-party) to do, any of the following:
Engage in any unauthorized use of the MARKET Service (including but is not limited to, advertising, marketing, or political campaigning);
Make available or transmit any content that: (a) you do not have the legal rights to transmit or provide using the MARKET Service, (b) may expose MARKET or its licensors, affiliates, or users to any liability or harm, or (c) is fraudulent, harassing, obscene, unlawful, harmful, deceptive, untrue, threatening or otherwise objectionable;
Upload to, distribute, create, store, transmit, or otherwise offer or sell anything that violates our Prohibited Items Guidelines.
Upload, make available, or transmit any content that contains computer code, software viruses, programs or files designed to limit the functionality of any computer system, software or hardware;
Create, link to, send, deliver or otherwise transmit unwanted commercial messages or emails through the MARKET Service;
Copy any portion of the MARKET Service or any content or source code;
Disassemble or decompile, reverse engineer or damage any part of MARKET Service or attempt to use the source code in other software.
Distribute the codes behind the MARKET Service to any third party;
Remove, change, or obscure any proprietary notices, copyright of MARKET or its licensors, affiliates in any portion of the MARKET Service;
Remove, change, adaptation, translation, improvement or imitate work of or to any portion of the MARKET Service;
Disable or obscure any advertisements appear through the MARKET Service;
Use any type of software or automated means including without limitation any robot, crawler, harvesting boot, spider, scraper or any other automated interface not provided by MARKET, to utilize the MARKET Service or to collect confidential and/or additional data;
Attempt to test, probe, hack, or otherwise evade any security measures;
Access without authorization any systems, database or networks used in providing the MARKET Service or to access any information for any purpose, or any account associated with MARKET Service;
Violate any policies, regulations or requirements of any network connected to MARKET Services;
Interfere with or disturb the use by others of the MARKET Service, including without limitation attempting, to obtain usernames, passwords, account information, or other security information of other users;
Misrepresent, impersonate or falsely state your identity;
Provide false information during or after Account creation or when using the payment solution, or otherwise provide inaccurate, misleading or false data;
Create an account on behalf of any other without their permission, or create more than one account for yourself;
Attempt to use or use someone else's Account without authorization;
Attempt to pay for any item using the MARKET Payment Solution with an Electronic Payment Method that you are not authorized to use or do not own;
Use the MARKET Service in any manner to harass, stalk, invade or harm the privacy of any person;
Use the MARKET Service in any manner that exposes MARKET to any liability or harm or any nature;
Develop any third party applications that connect, interact or relate with the MARKET Service without MARKET's prior written consent;
Use the MARKET Service to violate or infringe the intellectual property rights, copy rights or any other rights of anyone else (including MARKET);
Use the MARKET Service to engage in any unlawful activities, unauthorized purpose or to encourage, engage in or promote activities that are malicious, illegal, discriminatory, misleading, untrue, including but not limited to, fraud, money-laundering, gambling, or terrorist activities in any manner;
Transfer any privileges or rights granted to you under these Terms; or
Induce or encourage any third party to promote or engage in any of the activities prohibited under this section;
If you violate or attempt to violate any of the foregoing, your right to use and access the MARKET Services will terminate immediately and automatically, and you will have breach MARKET's intellectual property, copy rights and any other rights, which may subject you to loss, damage and prosecution.
8. User Content
During the period of using the MARKET Service, you may make available or transmit certain content, including content, messages, information about yourself, data, materials, photos, text, information, code, graphics, or other items or materials (“User Content”) through different areas or services, such as posting images of goods for sale, making an offer, private messaging, or other areas or services. In some instances, this User Content may be viewable for public. MARKET reserves the right, but does not have the obligation, to change, remove, edit or screen any User Content stored or posted for any reason at any time without notice. You will not (and will not authorize or allow any third-party to) upload to, post, distribute, create, store, disclose, transmit, or otherwise, publish through MARKET Service any of the following:
User Content that is, in MARKET's disrespectful, judgment, or may expose MARKET, Users or others to liability or harm;
User Content that may violate the trademark, copyright, intellectual property, patent, privacy of any party;
Personal information of any third parties, including phone numbers, payment details, credit/debit card information, cheque details, addresses;
Corrupt data, destructive files, viruses, harmful data; or
User Content that negatively affects any other person's use of MARKET Service.
You are solely responsible for replacing, modifying and updating your User Content and creating backup copies at your sole expenses and cost. You acknowledge and agree that MARKET is not responsible for any omissions, or errors that you make in connection with the MARKET Service. By posting or submitting User Content, you hereby grant to MARKET a non-exclusive, royalty-free, transferable, sub licensable, perpetual right to use, modify, reproduce, publish, adapt, translate, create derivative works from, perform, sell, and display the User Content, company name, location, your name and other information your submit with the User Content, in connection with the MARKET Service. We also have the right to share your details and disclose your identity to any third party who claims that any content uploaded, posted or transmitted by you constitutes a violation of their copyright, intellectual property rights trademark, business terms, or of their right to privacy.
You agree that MARKET may moderate use of and access to the MARKET Service in our sole discretion through any means (including, but is not limited to, filtering, deletion, delay, verification, blocking, and/or termination of your access. Furthermore, we have the right to edit, remove any content your post on the MARKET Service if, in our opinion, your content does not comply with the content standards set out by us, and any other MARKET Service terms, rules, including, but not limited to, the Prohibited Items Rules. You agree not to avoid or bypass or attempt to avoid or bypass such moderation.
10. Third Party Services and Content
In using the MARKET Service, you may utilize services, view content, or otherwise interact with services and content provided by third parties, including without limitation, the MARKET Payment Solution provided by third party, applications or services, links to websites of such third parties (“Third Party Content”.) MARKET does not endorse, control, or adopt any Third-Party Content and you acknowledge and agree that MARKET will have no responsibility for any Third Party material, Content, including but not limited to, content that may be erroneous, incomplete, offensive, objectionable, misleading or otherwise inaccurate. In addition, your dealings, business or correspondents with such third parties are solely between the third parties and you. MARKET is not liable or responsible for any loss or damage of any sort, or alleged to be caused, in or by connection with any such third party business and dealings including the quality, legality, safety and delivery or any other aspect of services or good that you may sell or purchase to or from a third party.
Any material or comments sent to us, including without limitations to, feedback, ideas, suggestions, comments or the like regarding the MARKET Service or any other services or products of MARKET (collectively, "Feedback"), will become our sole property and is non-confidential. We will have no obligation to you of any kind, non-monetary or monetary, with respect to such Feedback and will be free to use, publish, reproduce, disclose, transform, display, or create derivative works from and without obligation and limitations. Further, you agree not to submit any feedback that is illegal, defamatory, or otherwise violates any right of MARKET Service and any third party, or breaches any contract in agreement between any third party and you.
MARKET, www.marketapp.online, and other MARKET logos, graphics, buttons, icons, service names, scripts are trademarks, trade dress or registered trademarks of MARKET or its affiliates in India and other countries, and may not be used, imitated, copied in whole or in part, without MARKET's prior written consent.
13. Suspension; Termination.
MARKET may revoke or terminate your Account, License to use of or access to the MARKET Service for any reason without notice at MARKET's sole discretion. Without limiting the generality of the foregoing, we may terminate or revoke your License if you: (a) violate any guidelines or policy applicable to the MARKET Service or Material, or any other MARKET service or product. (b) Violate any obligation in any agreement between you and us or these Terms, (c) use the MARKET Service other than as specifically authorized in these Terms, without the written permission of from us. You will immediately stop using or accessing the MARKET Service if MARKET terminates or suspends your License to use or access the MARKET Service. You may also terminate your License of use or to access the MARKET Service by cancelling your MARKET Account at any time.