Term Conditions Page

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

Introduction

("MyDotted " or "we") operates as an e-commerce platform comprised of a website and mobile application ("marketplace"), as well as supporting IT logistics and payment infrastructure, for the sale and purchase of consumer goods and services ("products") in its assigned territory, as defined in Appendix 1 ("territory"). These general terms and conditions govern your use of the marketplace and related services and apply to both buyers and sellers on the marketplace. By using our marketplace, you unconditionally accept these general terms and conditions. You must not use our marketplace if you disagree with these general terms and conditions or any part of these general terms and conditions.

If you use our marketplace for a business or other organisational project, you agree to:

•  Confirm that you have the authority to agree to these general terms and conditions.
• Agree to these general terms and conditions on behalf of yourself and the person, company, or other legal entity that operates that business or organisational project; and
• You agree that unless the context requires otherwise, you will refer to both the individual user and the relevant person, company, or legal entity in these general terms and conditions.

Account creation and registration

Registration and membership

You are not permitted to register for our marketplace if you are younger than 18 years old (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 wish to create an account on our marketplace, you must provide your email address/username and a password. Furthermore, you agree to the following conditions:

•  Keep your password a secret;
• Notify us immediately in writing (using our contact information provided in section 26) if your password is compromised; and
• You are responsible for any activity on our marketplace resulting from your failure to maintain the confidentiality of your password, and you may be held liable for any resulting losses. 
• Your account is for your sole use, and you may not transfer your account to a third party. You assume all risk if you authorise a third party to manage your account on your behalf.
• We may suspend or cancel your account and/or modify your account information at any time, at our sole discretion and without notice or explanation; provided, however, that if we cancel any products or services you have paid for but not received and you have not violated these general terms and conditions, we will issue you a refund for those products or services.
• Contacting us will allow you to cancel your account on our marketplace.

Sale terms and conditions

You recognise and concur that:

• The marketplace provides a venue for sellers to sell and buyers to purchase products online;
• We will accept binding sales on behalf of sellers, but (unless MyDotted is identified as the seller) MyDotted is not a party to the transaction between the seller and buyer; and
• Upon the buyer's confirmation of purchase via the marketplace, a contract for the sale and purchase of a product or products will enter into force between the buyer and seller, and you will be obligated to buy or sell the relevant product or products.
• Subject to these general terms and conditions, the contract for sale and purchase between the buyer and seller shall be governed by the seller's terms of business. Despite this, the following clauses will be included in the purchase and sale agreement between the buyer and the seller: 
• The price of a product will be as specified in its product listing; 
• The price of the product must include all applicable taxes and comply with the laws in effect at the time;
• Delivery fees, packaging fees, handling fees, administrative fees, insurance costs, and other ancillary costs and fees, if applicable, are the buyer's responsibility only if expressly and clearly stated in the product listing; and digital products may be delivered electronically.
• Products must be of satisfactory quality, fit and safe for any purpose specified in the product listing, and conform in all material respects to any other description of the products supplied or made available by the seller to the buyer; and
• The seller warrants, with respect to physical products sold, 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 with respect to third party intellectual property rights and/or any criminal insolvency or tax investigation or proceeding; and with respect to digital products sold, the seller warrants that the seller has good title to and is the sole legal and beneficial owner of the products
• The seller warrants, with respect to physical products sold, 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 with respect to third party intellectual property rights and/or any criminal insolvency or tax investigation or proceeding; and with respect to digital products sold, the seller warrants that the seller has good title to and is the sole legal and beneficial owner of the products 

Terms and conditions of sale

You recognise and concur that:

• The marketplace provides a venue for sellers to sell and buyers to purchase products online; 
• We will accept binding sales on behalf of sellers, but (unless MyDotted is identified as the seller) MyDotted is not a party to the transaction between the seller and buyer; and 
• Upon the buyer's confirmation of purchase via the marketplace, a contract for the sale and purchase of a product or products will enter into force between the buyer and seller, and you will be obligated to buy or sell the relevant product or products. 
• Subject to these general terms and conditions, the contract for sale and purchase between the buyer and seller shall be governed by the seller's terms of business. Despite this, the following clauses will be included in the purchase and sale agreement between the buyer and the seller: 
• The price of a product will be as specified in its product listing; 
• The price of the product must include all applicable taxes and comply with the laws in effect at the time; 
• Delivery fees, packaging fees, handling fees, administrative fees, insurance costs, and other ancillary costs and fees, if applicable, are the buyer's responsibility only if expressly and clearly stated in the product listing; and digital products may be delivered electronically. 
• products must be of satisfactory quality, fit and safe for any purpose specified in the product listing, and conform in all material respects to any other description of the products supplied or made available by the seller to the buyer; and 
• The seller warrants, with respect to physical products sold, 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 with respect to third party intellectual property rights and/or any criminal insolvency or tax investigation or proceeding; and with respect to digital products sold, the seller warrants that the seller has good title to and is the sole legal and beneficial owner of the products 
  

Payments 

You must make payments in accordance with the Payments Information and Guidelines posted on the market.

Retail Credit 

• Store Credits can be earned and managed according to the MyDotted Store Credit Terms and Conditions, as amended from time to time. MyDotted reserves the right, at its sole discretion, to cancel or withdraw MyDotted store credit rewards for any reason, including if we suspect fraud or misconduct. Our website contains the terms and conditions for Reward Store Credit.

Promotions 

• Promotions and competitions organised by MyDotted and/or other promoters must adhere to the Promotions Terms and Conditions. You can view the terms and conditions of each Promotion on our website.

Rules about your content

Your content is defined in these general terms and conditions as: 

• all works and materials (including, but not limited to, text, graphics, images, audio content, video content, audio-visual content, scripts, software, and files) that you submit to us or our marketplace for storage, publication, processing, or transmission; and 
• all marketplace communications, including product reviews, feedback, and comments. 
• Your content and our use of your content in accordance with these general terms and conditions must be truthful, accurate, and comprehensive. 
• Your content must be appropriate, civil, and tasteful, in accordance with generally accepted norms of internet etiquette and conduct, and it must not: 
• be offensive, obscene, indecent, pornographic, lewd, or explicit sexually; 
• depict violence in a gratuitous or explicit manner; or 
• be blasphemous in violation of laws prohibiting racial or religious hatred or discrimination; 
• be deceptive, fraudulent, abusive, harassing, anti-social, threatening, discriminatory, or incendiary; • cause annoyance, inconvenience, or unwarranted anxiety to any individual; or constitute spam. 
• Your content must not be illegal or unlawful, violate the legal rights of others, or give rise to legal action against anyone (in each case in any jurisdiction and under any applicable law). Your content must not violate or infringe: 
• any copyright, moral right, database right, trademark right, design right, or other form of intellectual property; 
• any confidence, privacy, or data protection law-based rights; 
• any contractual duty owed to a third party; or 
• any judicial order 
• You may not use our marketplace to link to any website or web page that would violate these terms and conditions if it were posted on our marketplace. 
• You may not submit to our marketplace any content that is or has ever been the subject of an actual or threatened legal action or other comparable complaint. 
• The marketplace's review function can be used to facilitate buyer product reviews. You are prohibited from using the review function or any other form of communication to post inaccurate, unauthentic, or fake reviews. • You may not disrupt a transaction in any way. 
• contacting another user outside of the marketplace to buy or sell an item listed on the marketplace; or 
• Warning a user involved in an active or completed transaction about a specific buyer, seller, or item; or 
• contacting another user in order to collect payments. 
• You acknowledge that all users of the marketplace are solely responsible for their interactions with other users, and you agree to communicate with caution and good judgement. You are not permitted to send them personal information, including credit card information. 
• We may periodically review your content, and we reserve the right to remove any content, for any reason, at our discretion. 
• If you become aware of any illegal content or activity on our marketplace or any content or activity that violates these terms and conditions, you may notify us by contacting us as specified in section 
  
  

Our permissions to use your material

• 9.1 - You grant us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate, and distribute your content on our marketplace, across all of our marketing channels, and in any media now known or later developed
  
• 9.2 - You grant us permission to sublicense the rights licenced in section 9.1
• 9.3 - You grant us the right to file suit for infringement of the rights licenced under section 9.1
• 9.4 - You hereby waive all moral rights in your content to the maximum extent permitted by law, and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by law.
• 9.5 - Without prejudice to our other rights under these general terms and conditions, we may delete, unpublish, or edit any or all of your content if you violate our rules on content in any way, or if we have a reasonable suspicion that you have violated our rules on content.

Utilization of website and mobile apps

In this section, the terms "marketplace" and "website" refer interchangeably to MyDotted's mobile applications and websites. 

You may:

• view our website's pages in a web browser;
• Download pages from our website for browser caching;
• You may print pages from our website for personal, non-commercial use, so long as the printing is not excessive or systematic.
• Stream audio and video files from our website using the website's media player; and
• Utilize our market services through a web browser.
• subject to these general terms and conditions' other provisions.
• Except as expressly permitted by section 10.2 or the other provisions of these general terms and conditions, you are prohibited from downloading or storing any content from our website on your computer.
• You may only use our website for your own personal and business-related marketplace product selling and purchasing.
• Except where expressly permitted by these terms and conditions, you may not edit or modify any content on our website.
• Unless you own or control the relevant intellectual property rights, you must not:
• reproduce our content (including republication on another website);
• You may not sell, rent, or sublicense content from our website;
• display any content from our website publicly;
• exploit content on our website for commercial gain; or
• Do not redistribute content from our website.
• You may forward links to products on our website and redistribute our newsletter and promotional materials in print and electronic form to anyone, notwithstanding section 10.6.
• We reserve the right to suspend or restrict access to our website, its sections, or its functionality at any time. We may suspend website access, for instance, during server maintenance or website updates. You may not circumvent or bypass, or attempt to circumvent or bypass, any website access restriction measures.
  
  

You must not:

• Use our website in any manner or take any action that causes or could cause damage to the website or compromises its performance, availability, accessibility, or security;
• Use our website in any manner that is unethical, illegal, fraudulent, or harmful, or for any illegal, fraudulent, or harmful purpose or activity;
• hacking or tampering with our website;
• probe scan or test our website's vulnerability without our permission;
• evade or circumvent any authentication or security systems or processes on or associated with our website;
• Copy, store, host, transmit, send, use, publish, or distribute any content that consists of (or is linked to) any spyware computer virus Trojan horse worm keystroke logger rootkit or other malicious computer software.
• impose an unreasonable burden on our website's resources (such as bandwidth, storage space, and processing power);
• without our permission, decrypt or decipher any communications sent to or from our website;
• conduct any systematic or automated data collection activities (including scraping, data mining, data extraction, and data harvesting) on or related to our website without our express written consent;
• access or otherwise interact with our website using any robot, spider, or other automated means other than for search engine indexing.
• utilise our website excluding our public interfaces;
• violate the directives outlined in our website's robots.txt file;
• use data collected from our website for any direct marketing activity (including, without limitation, email marketing, SMS marketing, direct mailing, and telemarketing); or
• interfere with the normal use of our website in any way. 
  

Copyright and trademark protection

•  Subject to the specific terms of these terms and conditions:
• We, along with our licensors, own and control all copyright and other intellectual property rights pertaining to our website and its contents; and
• All copyright and other intellectual property rights pertaining to our website and its content are reserved.
• The logos of MyDotted and our other registered and unregistered trademarks are our property; we do not grant permission for the use of these trademarks, and such use may constitute an infringement of our rights.
• The registered and unregistered trademarks or service marks of third parties that appear on our website are the property of their respective owners; we do not endorse or have any affiliation with the holders of such rights; therefore, we cannot grant any license to exercise such rights.

Data privacy

• Buyers consent to the use of their personal information in accordance with MyDotted's Privacy and Cookie Notice.
• MyDotted will process all personal information obtained via the marketplace and related services in accordance with our Privacy and Cookie Notice and Privacy Policy. 
• Sellers shall be directly liable to buyers for any misuse of their personal information, and MyDotted shall bear no liability to buyers for any misuse of their personal information by sellers. 

Responsibilities and audit rights 

• We maintain an anti-fraud and anti-money laundering compliance programme and reserve the right to conduct due diligence on all marketplace users.
• You agree to provide us with all required information, documentation, and access to your business premises:
• In order to confirm that you have complied with and fulfilled your obligations under these terms and conditions;
• for the purposes of disclosures pursuant to a valid court or government order; or
• unless otherwise mandated by law or regulation.
• The role of MyDotted as a marketplace
• You recognise that:
• MyDotted facilitates a marketplace for buyers and third-party sellers or MyDotted, in cases where MyDotted is the product's seller;
• The relevant seller of the product (whether MyDotted or a third party) shall at all times remain solely responsible for the products they sell on the marketplace; and
• if a problem arises from the purchase of a product on the marketplace, the buyer should seek redress from the relevant seller by following the procedure outlined in MYDOTTED'S DISPUTE RESOLUTION POLICY.
• We commit to ensuring that MyDotted or third-party sellers, as applicable, submit complete, accurate, and up-to-date information regarding their products on the marketplace.
• The relevant seller warrants and represents the accuracy and completeness of their product information posted on our marketplace;
• The applicable vendor warrants and represents that the information on the marketplace is current; and
• If a buyer has a complaint about the accuracy or completeness of the product information provided by a seller (including when MyDotted is the seller), the buyer may seek redress from the relevant seller by following the procedure outlined in the MyDotted Dispute Resolution Policy.
• We do not warrant or represent that the marketplace will operate error-free; or that the marketplace or any service on the marketplace will remain available during the occurrence of events beyond MyDotted's control (force majeure events), which include but are not limited to: flood drought earthquake or other natural disasters; hacking viruses malware or other malicious software attacks on the marketplace; terrorist attacks civil war civil commotion or riots; war threat obliteration or other armed conflict; war threat obliteration or other
• We reserve the right to discontinue or modify any or all of our marketplace services and to cease publishing our marketplace at any time in our sole discretion without notice or explanation; and you will not be entitled to any compensation or other payment in the event that we discontinue or modify any marketplace services or if we cease publishing the marketplace. This does not affect your rights regarding unfulfilled orders or other existing liabilities of MyDotted.
• If we discontinue or modify any portion of our marketplace for reasons other than force majeure, we will provide buyers and sellers with at least fifteen (15) days' notice and clear instructions on how to proceed with pending transactions or other existing liabilities of MyDotted. 14.6 Regarding the use of the marketplace, we do not guarantee any commercial outcomes.
• We exclude, to the fullest extent permitted by applicable law and subject to section 15.1 below, all representations and warranties relating to the subject matter of these general terms and conditions, our marketplace, and the use of our marketplace.

Liability limitations and exclusions 

• 15.1 - Nothing in these terms and conditions is intended to: limit any liabilities in a manner inconsistent with applicable law; or excluding any liabilities or statutory rights that cannot be excluded by law.
• 15.2 - The liability limitations and exclusions set forth in this section 15 and elsewhere in these terms and conditions: comply with section 15.1; and govern all liabilities arising under these general terms and conditions or relating to the subject matter of these general terms and conditions, including liabilities arising in contract in tort (including negligence) and for breach of statutory duty, unless these general terms and conditions expressly provide otherwise.
• 15.3 - With respect to the free services provided to you, we will not be responsible for any loss or damage of any kind.
• 15.4 - Our aggregate liability to you for any contract to provide services to you pursuant to these general terms and conditions is limited to the total amount paid and payable to us under the contract. For the purposes of this section 15, each separate transaction on the marketplace shall constitute a separate contract.
• 15.5 - Notwithstanding the provisions of section 15.4 above, we will not be liable for any loss or damage of any kind, including:
• any losses resulting from a website interruption or malfunction;
• any losses resulting from an occurrence or occurrences beyond our control;
• business losses, including (but not limited to) loss or damage to profits, revenue, use, production, anticipated savings, business contracts, commercial opportunities, or goodwill.
• any loss or corruption of any data or software database; or
• any indirect or consequential special loss or damage
• We acknowledge that we have an interest in limiting the personal liability of our officers and employees, and you acknowledge that we are a limited liability company; you agree not to bring any personal claims against our officers or employees for any losses you incur in connection with the marketplace or these terms and conditions (this will not limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
• Our marketplace contains links to websites owned and operated by third parties; such links do not constitute endorsements. We have no control over third-party websites or their content, and we are not liable for any loss or damage that may result from your use of them. 

Indemnification

• You indemnify us and agree to keep us indemnified against the following:
• 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 your breach of any provision of these general terms and conditions or the MyDotted codes, policies, or guidelines; and
• any VAT liability or other tax liability that we may incur in relation to any sale, supply, or purchase made through our marketplace if that liability results from your failure to pay, withhold, declare, or register to pay any VAT or other tax due in any jurisdiction. 

Infractions to these terms and conditions 

• If we permit the creation of an account on our marketplace, the account will remain active indefinitely, subject to these terms and conditions.
• If you violate these general terms and conditions or if we have reasonable grounds to suspect that you have violated these terms or any MyDotted codes, policies, or guidelines in any way, we may:
• You are temporarily denied access to our marketplace;
• You are permanently denied access to our marketplace;
• Deny computers with your IP address access to our marketplace.
• Contact your Internet service providers and ask them to block your access to our marketplace.
• Suspend or remove your account from our market; or
• initiate legal action against you, whether for contract violation or otherwise.
• If we suspend, prohibit, or block your access to our marketplace or a portion of our marketplace, you may not take any action to circumvent such suspension, prohibition, or blocking, including but not limited to creating and/or utilising a different account.

Entire agreement

These general terms and conditions and the MyDotted codes, policies, and guidelines (and, for sellers, the seller terms and conditions) constitute the entire agreement between you and us regarding your use of our marketplace and supersede any prior agreements between you and us regarding your use of our marketplace.

Hierarchy 

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

Variation 

• We reserve the right to periodically revise these general terms and conditions, the seller terms and conditions, and the MyDotted codes' policies and guidelines.
• The revised general terms and conditions shall become effective upon their publication on the market.

No surrender

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

Severability

• If a court or other competent authority determines that any provision of these general terms and conditions is unlawful and/or unenforceable, the remaining provisions will remain in effect.
• If any unlawful and/or unenforceable provision of these general terms and conditions would be lawful and/or enforceable if a portion of it were deleted, that portion shall be deemed to have been deleted, and the remainder of the provision shall remain in effect. 
  
  

Assignment

• You consent to our assigning, transferring, subcontracting, or otherwise dealing with our rights and/or obligations under these terms and conditions.
• You may not assign, transfer, subcontract, or otherwise deal with any of your rights and/or obligations under these general terms and conditions without our prior written consent. 

Third-party legal rights

• A contract governed by these general terms and conditions is for our and your benefit only and is not intended to benefit or be enforceable by a third party.
• No third party's consent is required for the parties to exercise their rights under a contract in accordance with these terms and conditions.

Justice and jurisdiction

• These general terms and conditions shall be governed by and construed according to the local laws.
• Disputes arising out of or relating to these terms and conditions are subject to the exclusive jurisdiction of the local courts