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Terms and Conditions

TERMS AND CONDITIONS

MYSALE MARKETPLACE (“Marketplace”)

Marketplace allows merchants (“Marketplace Sellers”) who comply with Mysale’s guidelines and policies to offer and sell certain goods. Mysale is not directly involved in the transaction between buyers and sellers. Mysale has no control over the quality, safety 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. Marketplaces Sellers assume all responsibility for items listed. 

Mysale does not transfer legal ownership of items from the seller to the buyer. 

You agree that Marketplace is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, items, and links posted on Marketplace. You use Marketplace at your own risk. 

The following rules and restrictions govern your use of our website and services (the “Services”). 

These Terms and Conditions (the “Terms”) are a binding contract between you and Mysale Group Plc (“Marketplace,” “we” and “us”). By using the Services, you agree to and accept the Terms and these Terms remain in effect while using the Services.

MARKETPLACE SERVICES

You are required to sign up for an account and select a password and user name (“Marketplace Customer Account”). You promise to provide us with accurate, complete, and updated information about yourself.  

You may not select a name that you do not have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.  

You represent and warrant that you are an individual of legal age to form a binding contract.  

You will only use the Services for your own internal, personal, use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by any applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law. 

You will not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account. 

By using the Services, you will automatically be deemed to have opted in to receive e-mail communication from us.

RESTRICTIONS OF USE

You represent, warrant, and agree that you will not use the Services or interact with the Services in a manner that:  
A. Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable; 
B. Jeopardizes the security of your Marketplace Customer Account or anyone else’s (such as allowing someone else to log in to the Services as you); 
C. Attempts, in any manner, to obtain the password, account, or other security information from any other user; 
D. Violates the security of any computer network, or cracks any passwords or security encryption codes; 
E. Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services; or 

A violation of any of the foregoing is grounds for termination of your right to use or access the Services.

MARKETPLACE SELLERS

Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the Marketplace Seller from whom such content originated, and you access all such information and content at your own risk. 

Marketplace are not liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it.  

Your interactions with Marketplace Sellers found on or through the Services, including delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Marketplace shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. 

All purchases made by you will be delivered by the Marketplace Seller and you acknowledge and accept that the items listed have not been verified or inspected by Marketplace. You will receive an email notification from the Marketplace Seller once you order has been received and your order has been dispatched for delivery.  

If there is a dispute between you and any Marketplace Seller, you agree that Marketplace is under no obligation to become involved. You release Marketplace, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services.

PURCHASING ITEMS ON MYSALE MARKETPLACE

It is free to access and browse Marketplace. However, you may choose to purchase products through the Services, and you alone will be responsible for paying the purchase price of any products you buy, in addition to any taxes and shipping costs.  

Marketplace Sellers may limit or cancel quantities of products purchased, and reserve the right to refuse any order. In the event Marketplace Sellers need to make a change to an order, they will attempt to notify you by contacting the email address, billing address, and/or phone number provided at the time the order was made. Prices are subject to change at any time. Due to separate and applicable tax jurisdictions, your purchases may be subject to specific sales, custom or value-added taxes, and the shipping time and associated cost may increase accordingly. 

Marketplace reserves the right to require payment of fees for certain or all Services, in addition to the fees charged for the purchase of products. You shall pay all such fees, as described on the website in connection with such Services selected by you. Marketplace reserves the right to change its price list and to institute new charges at any time, upon notice to you, which may be sent by email or posted on the Website. Your use of the Services following such notification constitutes your acceptance of any new or increased charges.

RETURNS AND REMEDIES

We want you to be completely satisfied with your purchase on Marketplace. If for any reason you are unhappy with your purchase from a Marketplace Merchant, please contact our customer service team. Please be aware that in the event that: 
a) You change your mind - we are not required to provide a refund or replacement. However, our customer service team may be able to offer further information and assistance.  
b) The item doesn’t match the description - if the item is so different from the description that you would not have bought it, you are entitled to a refund.  
c) The item has a minor fault – you may be entitled to a replacement, repair or refund. 
d) The item has a major fault - you are entitled to choose between a refund, repair or replacement of the item (subject to availability), along with compensation for any other reasonably foreseeable loss or damage. 

In all of the above circumstances you will need to contact our customer service team. 

Please note that if you would like us to replace or provide a refund for an item and we find that: 
• the item has been lost, destroyed or disposed of by you; or 
• the item has been damaged after being delivered to you for reasons not related to its state or condition at the time of supply to you; or 
• the item has been attached to, or incorporated in, any real or personal property and cannot be detached or isolated without damaging the item; or 
• the period of time since supply and circumstances are such that we are permitted by the Australian Consumer Law to decline to provide a refund or replacement, 

then we may, at our discretion, decide not to replace or refund you for the item and/or we may require you to pay all reasonable postage costs. To the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses that you incur as a result.

TERMINATION OF AGREEMENT

You are free to terminate your use of the Marketplace Services and close your account at any time. 

Marketplace is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms. Marketplace has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.