TERMS OF SERVICE
These Terms of Service (hereinafter referred to as the “Terms” or “Terms & Conditions” or “Terms of Use”) shall govern the relationship between MyGiveMarket, a company bearing number: (888) 217-7062, and having its registered office address at 3911 Concord Pike #8030 SMB# 29961 Wilmington, DE 19803, (hereinafter referred to the “Company” or “MyGiveMarket” or “us” or “our” or “we”) and you (hereinafter referred to “you” or “your” or "user/users" or "buyer/buyers" and shall govern your use of our website – www.mygivemarket.com/, and its related mobile application, namely, ‘MyGiveMarket’, as available on Apple App Store, and Google Play Store (hereinafter individually as well as collectively, referred to as the “Platform” or “Site” or “App” or “Website”).
We are a marketplace platform that connects various buyers with the sellers, thereby facilitating the buying and selling of various items through the Platform. (“Service”).
These Terms are applicable on all the buyers and other general users and visitors of the Platform. Please read these Terms carefully, as these, along with our Refund Policy, Disclaimer, Community Guidelines, Safety Guidelines, Cookie Policy and Privacy Policy statement forms the entire agreement between you and MyGiveMarket. If you do not accept these Terms in its entirety, then you cannot use the Platform or avail our any of our services or purchase any product or item listed by any Seller on the Platform. In case you are a Seller on our Platform, please refer to our “Seller Terms” as posted on our site.
Additionally, how we collect, use, store, share and transmit your data is governed by our Privacy Policy statement and Cookie Policy. these Terms shall be read in conjunction with our Refund Policy, Disclaimer, Community Guidelines, Safety Guidelines, Cookie Policy and Privacy Policy.
- ACCEPTANCE OF THESE TERMS
By downloading our App, or by accessing, registering, or using the App/Site, or availing Services on our Platform, or interacting with the Sellers, or buying any products listed by Sellers, in any way or by clicking on a button or taking similar action to signify your affirmative acceptance of these Terms, you hereby represent that:
- You have read, understood, and agreed to be bound by these Terms and any future updates and additions to these Terms, as published from time to time on the Website.
- You are of sound mind and at least of such minimum legal age as per the jurisdiction in which you reside, in order to form a binding contract with us. In case you are not of the age of majority as per the laws of the jurisdiction to which you are subject, then you must have the permission of your lawful guardian to use and access the Platform or purchase any of the items listed.
- We must not have previously disabled your account for violation of law or any of our policies.
- You agree, understand and acknowledge that the we are an online marketplace platform that connects you with the Sellers who provide the items or products, which may be used or unused (“Sellers”), and as such we are only a facilitator between you and the third-party Sellers listed on our Platform, and we cannot be a party to or control in any manner any transactions off the Platform, or your interaction with the Sellers outside of the Platform. Accordingly, the contract of sale shall be a strictly bipartite contract between you and the respective Seller.
- You have read, understood and consented to our Disclaimer, Community Guidelines, Safety Guidelines, Refund Policy, Cookie Policy as well as our Privacy Policy statement.
- ACCOUNTS, PASSWORDS AND SECURITY
- Account: To access various parts of the Platform, and to avail various Services, you might be required to register and create an account with us. When setting up and maintaining your account, you must provide and continue to provide accurate and complete information about yourself. As part of the registration process, you will create a password and an account.
- Social Media Signup: You also have an option of signing up using social media accounts, such as Google and Facebook (and with Apple ID in IOS App). In case, you choose to sign up using any of the social media account, you will be re-directed to the website of such social media account, and therefore, in addition to our policies, you will also be subject to the terms and privacy policy of such social media website. We are not liable for any loss causes to you due to any action of such third-party websites.
- Security: You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your account, including, without limitation, all actions by sub-users registered under your account. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We ask that you should not share your account or password with any third party. We cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this Section or from any unauthorized access to or use of your account.
- Inaccurate Information: If we have reasonable grounds to suspect that any of the information submitted by you is untrue, inaccurate, outdated, or incomplete, or that you have created a duplicate account, in that case, we may terminate your account, and refuse current or future use of any or all of the services.
- HOW CAN YOU USE THE PLATFORM?
- Allowed uses:
- Directions of Use: You must follow any and all guidelines or policies or directions of use as associated with each of the Services on the Platform.
- Information: Whenever prompted, you must provide us with the correct, accurate and updated information. All the submitted information will be processed in accordance with our Privacy Policy statement.
- Raising Dispute: Once you purchase an item from a Seller listed on the Platform, you have a period of 24 hours, calculated from the time of delivery of item, to dispute the transaction and raise a complaint. Any disputes raised after this timeline will not be entertained.
- Material: For the purposes of these Terms, “material” shall mean any logos, trademark, text, video, graphics, sound material, published on the Platform, whether a copyright of MyGiveMarket, Sellers, other users, our licensors or any third party. You are not allowed to download or print the material, or extracts from it, in a systematic or regular manner or otherwise so as to create a database in electronic or paper form comprising all or part of the material appearing on the Platform. You must not reproduce any part of the Platform or the material or transmit it to or store it in any other Platform or disseminate any part of the material in any other form, unless we have indicated that you may do so.
- Restricted uses:
- You can’t impersonate others, create duplicate accounts, or provide inaccurate information about yourself.
- You may be able to leave your feedback after availing products from the Seller. You can’t post, raise, or comment on any political, racist or such other issue which effect’s a person, community or society. You must not be abusive and shall only provide your genuine feedback about the services or products offered.
- You are prohibited from providing a paid or other ingenuine feedback.
- You must not misuse or interfere with the Services or Platform or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law and as per the directions provided by us.
- You must not:
- republish material from this Platform;
- sell, rent or sub-license material from the Platform;
- show any material from the Platform in public without our consent;
- edit or otherwise modify any material on the Platform (other than editing your own information/posts/contents as per the method provided);
- reproduce, duplicate, copy or otherwise exploit material on our Platform for a commercial purpose; or
- redistribute material from the Platform, except for content specifically and expressly made available for redistribution with our written consent and according to our terms;
- infringe or violate our Intellectual Property Rights or Intellectual Property Rights of our Providers, other Users, licensors or any third party;
- We reserve the right to restrict your access to any areas of our Platform, or indeed our whole Platform, at our discretion.
- You must not use our Platform in any way that causes, or may cause, damage to the Platform or impairment of the availability or accessibility of the Platform; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
- You must not use our Platform to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
- You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Platform, without our express written consent.
In case of your violation or non-compliance of any of the terms mentioned in these Terms, we reserve the right to suspend or terminate your account or your access to the Platform or our services, at our sole discretion.
- OUR CONTENT AND RIGHTS
Our App, website, platform, logos, content, designs, trademarks, trade dress, trade name, all of our features, functionalities and services, shall remain the sole property of MyGiveMarket, and/or its licensors, as the case may be. Your use of or access to our Site or Platform or availing of our services shall not in any way transfer or assign to you any ownership or other proprietary rights in or to this Platform, our services, any content (except your own content), designs, published by us or our licensors or third parties. This Platform and the content, including but not limited to the trademark, logo, copyright, design, layout, typography, underlying HTML, Java scripts, text, audio clips, video clips and graphics, and in the expression of the information contained herein, whether as a compilation or otherwise is protected by relevant Intellectual Property laws, rules and regulations. Trademarks, trade names and designs appearing on this Platform are the exclusive property of, or are licensed to the MyGiveMarket and are protected. No use of a trademark, trade dress, trade name, content or design appearing on this Platform may be made without the prior written permission of the MyGiveMarket.
- YOUR CONTENT AND RIGHTS
- Your Content is yours: The content, such as feedback left by you may be protected by intellectual property laws. You own the intellectual property rights in any such content that you share on the Platform. Nothing in these Terms takes away the rights you have to your own content. You are free to share your content (except defamatory one) with anyone else, wherever you want.
- License: However, to provide our Services we need you to give us some legal permissions (known as a ‘license’) to use this content of yours. This is solely for the purposes of providing and improving our Services.
- Description of License: Specifically, when you share a content that is covered by intellectual property rights, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, publish, distribute, modify, copy, publicly perform or display, and translate your content. However, we do not have any responsibility to use or display any part of your feedback on any part of the Platform. We retain the right to display the same at our own discretion. For example, if we find it untrue, defamatory, misleading or false, we might not display the same.
- Terminating the License: You can end this license for specific content by deleting such content from our Platform, or generally by closing your account, except (a) to the extent you shared it with others as part of the Service and they copied, re-shared it or stored it and (b) for the reasonable time it takes to remove from backup and other systems.
- CONTENT POSTED BY SELLERS AND OTHER USERS
While using our Platform and our Services, you may encounter products or items or content or information (such as description of products offered, details, and other information posted about Sellers) that is posted by Sellers and the comments posted by other buyers. Therefore, there is a likelihood that such information or content be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. MyGiveMarket generally does not review the authenticity of the description, features, content or condition of the products or items listed by the Sellers or of the feedback posted by other users. We disclaim all liabilities in this respect. Please read our detailed Disclaimer posted on the Site and App for more details.
- PRIVACY
In order to see what data we collect and how we use or store or share such data, please refer to the detailed Privacy Policy statement available on our Site and App.
- LEGAL ACTION
If you are found to be degrading, tarnishing, maligning the image, goodwill or reputation of MyGiveMarket or its owners/directors, by spreading hate, insulting, false, fake reviews or engaging in mala fide actions against the above, strong legal actions will be taken immediately.
- LINKS TO THIRD-PARTY AND PRODUCTS PROVIDED BY SELLERS
The Platform might contain links to third-party websites, products and services. Such third-party links are not under the control of MyGiveMarket, and MyGiveMarket is not responsible for any third-party links or products provided by the Sellers. MyGiveMarket provides access to these third-party links only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to third-party links or the products of the Sellers. You shall use all third-party links at your own risk, and should apply a suitable level of caution and discretion in doing so. Whenever you click on such links, you are taken to such third-party Platform, and you get out of the jurisdiction of our Platform. Therefore, you shall be governed by the terms, privacy policy and other policies of such third-party websites and we suggest that you read those policies. In case of any damage due to such action of third-party links or products or behavior of Sellers, MyGiveMarket shall not be responsible.
- LIMITATION OF LIABILITY
To the maximum extent permitted by law, in no event shall MyGiveMarket (or our licensors or affiliates) be liable to you or any third party for any financial loss, transaction failure, fraud, loss occurred due to use of products purchased from Sellers, costs of procurement of substitute products or services, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these Terms or your use of, or inability to use the Platform, even if MyGiveMarket has been advised of the possibility of such damages. Access to, and use of, the Platform is at your own discretion and risk, and you will be solely responsible for any damage to your person or device or computer system, or loss of data resulting therefrom.
- INDEMNITY
You acknowledge to defend, indemnify and hold MyGiveMarket, its owners, affiliates, directors, officers, employees, agents, partners, and any other licensors (hereinafter referred to as “Indemnified Party”) harmless from and against any claim, disputes, fine, liability, demand or expense, including reasonable attorneys’ fees, made by a third party, relating to, or arising from:
- Your violation of ours or any third-party right, including without limitation to any right to privacy, publicity rights, defamation or intellectual property rights;
- Your wrongful or improper use of our services, Platform;
- Your violation of any applicable laws, rules or regulations or any other applicable law through or related to the use of our services;
- Your violation of these Terms, or any other policy of MyGiveMarket as associated with our Services;
- The indemnifications set forth above will survive the termination or expiration of these Terms and/or your use of our Services.
- GOVERNING LAW AND DISPUTE RESOLUTION
- Governing Law: these Terms and any dispute arising from the same will be governed by applicable laws of State of Delaware.
- Exclusive Jurisdiction: All disputes must first be attempted to resolved amicably, failing which, such controversy, conflict or dispute shall be finally settled by bringing it exclusively before the appropriate courts situated in Wilmington, Delaware (USA).
- Waiver of Jury Trial: YOU AND US HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JURY. YOU AND MYGIVEMARKET ARE INSTEAD ELECTING THAT ALL CLAIMS AND DISPUTES ARISING OUT OF OR IN RELATION TO THESE TERMS BETWEEN YOU AND MYGIVEMARKET, SHALL BE RESOLVED BY A JUDGE.
- Waiver of Class Action and Relief: ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THESE TERMS MUST BE ADJUDICATED ON AN INDIVIDUAL BASIS AND NOT ON A COLLECTIVE CLASS BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE BUYER CANNOT BE LITIGATED OR CONSOLIDATED WITH THOSE OF ANY OTHER BUYER(S).
- Disputes between you and Sellers: You understand and acknowledge that MyGiveMarket is a mere facilitator between you and the Sellers, and we in no way are responsible for the conduct of the Sellers or the quality of the products offered by them or any claims made or representation or warranties provided by them in respect of such products. Therefore, if you have any claim or dispute against a Seller or a particular product, you undertake to take it up directly with the concerned Seller. MyGiveMarket shall not mediate or resolve such disputes, and nor shall become a party to such disputes. However, if you believe that a Seller has violated our Seller Terms (as posted on the Site and App), applicable law, or any other policy of MyGiveMarket, you can file your complaint at support@mygivemarket.com, and we will take necessary action in accordance to our policies and applicable law. Notwithstanding anything to the contrary mentioned above, you shall have a period of 24 hours from the time of delivery, to raise a complaint about a particular product purchased by you on our Platform, and we will take action as per our Refund Policy.
- Notices
When you use the Platform or send emails to MyGiveMarket, you are communicating with us electronically. You consent to receive electronically any communications related to your use of this Platform. MyGiveMarket will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. We may give notice by means of a general notice via electronic mail to your email address as available with us. If You want to give a notice to us, you can do so by dropping an electronic mail to support@mygivemarket.com.
- Miscellaneous
- Independent Legal Advice: It is your obligation to obtain independent legal advice at your own expense to ensure you understand the provisions of these Terms.
- Headings: The section headings are for convenience only and shall not control or affect the meaning or construction of any provision of these Terms.
- Breach: MyGiveMarket reserves the right to put any account on hold or permanently disable accounts due to breach of these Terms and/or our other policies or due to any illegal or inappropriate use of the Platform or its services.
- Non-circumvention: You must not circumvent or attempt to circumvent our fees/commission model by making the payments outside of our Platform.
- Targeted Abuse: We do not tolerate users who engage in targeted abuse or harassment towards other users or sellers on our Platform.
- Severability: If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions of these Terms will continue in full force and effect.
- Waiver: Our failure to insist on or enforce strict performance of these Terms shall not be construed as a waiver by us of any provision or any right that we have to enforce these Terms and nor shall any course of conduct between MyGiveMarket and you or any other party be deemed to modify any provision of these Terms.
- Survival: Notwithstanding any other provisions of these Terms, or any general legal principles to the contrary, any provision of these Terms that imposes or contemplates continuing obligations on either party shall survive the expiration or termination of these Terms, for any reason whatsoever.
- No Third-Party Beneficiaries: Except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.
- No Assignment: You may not assign these Terms (or any rights, benefits or obligations hereunder) by operation of law or otherwise without the prior written consent of MyGiveMarket, which may be withheld at MyGiveMarket’s sole discretion. Any attempted assignment that does not comply with these Terms shall be null and void.
- Entire Agreement: The Terms, Refund Policy, Disclaimer, Community Guidelines, Safety Guidelines, Cookie Policy and our Privacy Policy statement, together with any additional terms and conditions incorporated herein or referred to herein constitute the entire Agreement between MyGiveMarket and you, relating to the subject matter hereof, and supersedes any prior understanding or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on our Platform.
- Force Majeure: MyGiveMarket will be excused from performance for any period during which, and to the extent that, such party or any subcontractor is prevented from performing any obligation or service, in whole or in part, as a result of causes beyond its reasonable control, and without its fault or negligence, including without limitation, acts of God, strikes, lockouts, riots, acts of terrorism or war, epidemics, communication line failures, power failures and government-imposed lockdowns or similar restrictions.
- Updates to these Terms: We may add to or change or update these Terms at any time, from time to time, entirely at our own discretion, with or without any prior written notice. You are responsible for checking these Terms periodically. Your use of the Platform after any amendments to these Terms shall constitute your acceptance to such amendments.
- Grievance Officer/Designated Representative
In the event you have any grievance regarding anything related to these Terms or Disclaimer or Privacy Policy or Cookie Policy, or with any content or service of MyGiveMarket, in that case you may freely write your concerns to the Grievance Officer/Designated Officer appointed below:
- Feedback and Information
We welcome your questions or comments regarding these Terms. You can write to us via email: support@mygivemarket.com.
Last updated on 6/4/2022.