• Terms and Conditions Procurement

Welcome to Mercado our website at www.mercado.co.fk and or our iOS and Android mobile application (our “Platform”). These Terms and Conditions (the “Terms”) constitute a legal agreement between you and Mercado, Kapil Jiwa (Sole Trader), of 7 Jersey Road, Stanley, Falkland Islands. FIQQ 1ZZ (hereinafter “us” or “we”), governing the use of our Platform and our Services.

For the purposes of these terms and conditions:

• Services refers to providing a procurement service for the customer. In this relationship we are acting as the agent for the customer;
• Users refers to the customers using the Service(s).

The use of our Platform is governed exclusively by these Terms, unless otherwise contractually agreed in individual cases. Any deviating terms and conditions of the users are expressly rejected.

The legal relationships between Buyers and Sellers are governed by the separate contracts to be concluded between them.

1. General Provisions
   • We provide the technological requirements for the use of our Platform in accordance with the following provisions and to the extent described therein.
   • We provide users with an account.
   • We carry out public relations work for the Platform. The type and scope of public relations for our Platform and/or the projects are at our discretion.
   • You communicate with our Platform through independent online access, for example via a web browser or our iOS and Android mobile application.
   • Subject to you agreeing to abide by these Terms, we hereby grant to you a revocable, non-exclusive and non-transferable license to use our Platform on these Terms.
   • By registering for an Account and using the Services, which involves providing us with certain mandatory and voluntary information as required for a successful registration and using our Platform, you agree and acknowledge that:
     • you are at least 18 years old,
     • you have read the terms set out in these Terms and agree to be bound by and comply with them; and
     • you shall ensure that all Users of your Account abide by these Terms.
   • You are responsible for maintaining the confidentiality of your Account and you are responsible for all activities that occur under your Account. You agree that all actions carried out by any person through your Account shall be deemed to be an act carried out by you, and you shall ensure that all persons who have access to and use your Account are authorised to do so. We are not responsible for any loss, damage or liabilities arising as a result of or in connection with the wrongful, fraudulent or illegal use of your Account.
   • We reserve the right to, without any notice, explanation, or liability and in our sole discretion, refuse to allow you or suspend your access to our Platform (or the Services or part of the services) or your Account at any time, or remove or edit content on our Platform.
   • We reserve the right to change, modify, suspend, or discontinue any portion of the Services, our Platform or any services provided by us in connection with any of the foregoing at any time. You agree that access to or operation of any of the foregoing may from time to time be interrupted or encounter technical difficulties, for which we shall not be responsible for any losses occurring as a consequence.
   • Supplemental Terms of Service or documents that may be posted on the Platform from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason.
   • It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised terms and conditions by your continued use of the Platform after the date such revised terms and conditions are posted.
   • The information provided on the Platform is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.

2. Procurement Services
   • Mercado reserves the right to make changes, up to the time of delivery of services, provided that only insignificant changes in the quality occur as a result and the Customer is not unreasonably impaired.
   • Statements regarding the quality or durability of goods do not constitute a guarantee (assurance) within the meaning of English Law or the Sale of Goods Act 1979 as it may apply in the Falkland Islands and do not constitute a warranty within the meaning of English Law unless we have expressly assumed such a guarantee in writing.
   • If goods are procured on the basis of specifications provided by the customer, Mercado shall not be obliged to check these specifications without a special agreement. The customer shall not be entitled to any claims for defects which are attributable to these specifications or to hardware or software used by the customer and supplied by third parties.
   • Unless expressly agreed otherwise, the subject matter of the contract shall be a standard service which has not been individually produced for the Customer’s requirements. Contracts for services are therefore purchase contracts.
   • Mercado is not obligated to deliver any additional services.
   • We reserve title to the goods delivered by us until receipt of all payments arising from the entire business relationship.
   • Rights of use shall not pass to the customer until payment has been made in full. Insofar as usage rights are granted prior to full payment, these are revocable at any time.
   • As a matter of principle, the customer shall not be entitled to a contractual right of return. Anything to the contrary shall only apply if we have expressly granted him a right of return in writing.
   • A claim to the granting of a right of return does not exist in any case.
   • If the customer is granted a right of return by us, this shall only apply to service and deliverables that have already been paid for. The right of return expires at the latest 7 days after receipt of the service and deliverables and can be effectively exercised only by timely return, the arrival of the goods with us is decisive.
   • Mercado reserve right for customers to pay all monies due in respect of the order upon placing an order with Mercado.
   • The payment due date will be stated on your invoice that is emailed to you, if you require a paper invoice please notify us by sending an email to sales@mercado.co.fk. The amount to be paid shall include the cost of the procured order plus Mercado’s fee and any costs of transporting and other costs including any duty. Where insurance is required by the customer then this shall also be paid with the payment.
   • Mercado does not offer an itemised bill, the price and description on the invoice supplied is final.  Breakdown invoices to show shipping, full description of items, handling and item charges etc are not able to be provided.
   • Where the full amount due (including any charges) is not paid within 7 days of a payment being sought then Mercado reserves the right to charge interest on the amount due of 10% per week calculated on a week or part week basis, interest commences when debt chasing letter 1 is issued. Further, the administrative cost of chasing payments including the cost of any legal proceedings shall be charged to the Customer. The administrative cost of the first, second and third chasing letter for non-payment will be £20 each, the fourth chasing letter shall be £40.
     The first debt chasing letter shall be sent on day 17 of the payment being sought.
     If payment has not been received after letter 1 has been sent, the second debt chasing letter shall be sent on day 27 of payment being sought.
     If still no payment received after letter 1 and 2 has been sent then the third debt chasing letter shall be sent on day 37 of payment being sought.
     Debt letter 4 will be sent on Day 47 of payment being sought and court proceedings shall being.
   • If a third debt chasing letter is sent then any debts outstanding by the customer become immediately due and interest on those will be charged from the date of letter 3.
   • Estimated times of arrival of your item(s) are provided when you place the order, you can also request this by emailing sales@mercado.co.fk – it is your responsibility to be aware of this and make the necessary arrangements for transport.
   • Mercado will notify the customer when your procured item(s) is ready to collect this may be an email, phone call, SMS message, or other messenger services.  The customer has 24 hours from the time Mercado contacts you to collect the item, otherwise Mercado cannot ensure safe storage of the item and no claim shall be made in form of compensation or refunds.  There may be times when Mercado incur additional storage charges, which will be passed onto the customer.
   • If procured items are not collected within 1 week of being notified, Mercado reserve the right to dispose of the item(s) and charge for storage, a disposal fee and the full amount of the invoiced item(s).
   • If you are ordering a Starlink Kit it is your responsibility to ensure you have the correct licenses in place and subscription. We do not offer any advice on this.
   • Mercado does not offer delivery of any procured items, it is your responsibility to have suitable transport in place when you are notified your item is ready to collect. Collection may be from 7 Jersey Road or one of our cargo partners.  You will be notified of the collection location.

• Parcels are not insured unless specifically requested by customer for an additional fee. If there are delays then Mercado is not responsible, but will try to help the situation by tracking the parcel.
• Reserve the right to refuse orders for products deemed illegal or dangerous cargo.
• Delivery dates quoted are from when Mercado’s U.K agent receives the parcel.
• Mercado shall not be responsible for seeking any refund on any sales tax or value added tax associated with the purchase of the item.
• Mercado reserve rights to amend the price of the order if required to do so
• Customers wanting their parcels delivered by Royal Mail should read their Terms and Conditions to ensure they are compliant and not sending dangerous cargo, the same applies for DHL.
• Responding in a positive manner to the quote email from Mercado binds the sale.  Where quotes are not emailed to the customer and are instead provided on any other messenger services such as Whatsapp, Facebook Messenger, phone call or SMS, responding in a positive manner will still bind the sale.
• Any delays are not consequential to Mercado and no claim shall be made.
• If an order goes missing and the parcel is insured, Mercado will seek the reimbursement by the carrier and either repurchase or refund the customer to the value of the amount awarded in compensation.
• If an order goes missing that is not insured, Mercado reserve the right not to issue any monies in form of compensation.

2a. Vehicle Hire

1. ABOUT US

1.1.
We are Mercado of 7 Jersey Road, Stanley, Falkland
Islands. FIQQ 1ZZ (“Mercado”, “we”, “us”, or “our”).

1.2.
We operate the website www.mercado.co.fk (our
“website”).

1.3.
To contact us, please use sales@mercado.co.fk, call 00500 52946 or write to
us at the above address.

1.4.
Our office opening times are 09:00-16:00 Monday to
Friday excluding public holidays.

1.5.
These Terms were last updated on Friday, 5th of April,
2024.

2. GENERAL CONDITIONS

2.1.
We hereby agree to rent you the Vehicle identified in
your hire confirmation (“Vehicle”).

2.2.
By hiring a Vehicle from us from the date and time as
stated in your hire confirmation until the Vehicle is returned to us (“Hire
Period”), you

2.2.1.
confirm that you have read and agree to these Terms;

2.2.2.
that you are legally entitled to enter into this
Agreement;

2.2.3.
that you are prepared to accept responsibility for the Vehicle,
the Hire Charges as stated in your hire confirmation (“Hire Charges”) and any
additional costs associated with or arising from your use of the Vehicle.

2.3.
Your rental period starts when you check-out the Vehicle
and ends when we acknowledge that we have received the Vehicle and keys back.

2.4.
No variation to these Terms will be binding unless
agreed in writing between our authorised representatives and you.

2.5.
Our employees or agents are not authorised to make any
representations concerning the lease unless confirmed by us in writing.

2.6.
Any typographical, clerical or other error or omission
in any sales literature, quotation, offer, invoice or other document or
information issued by us will be subject to correction without any liability on
our part.

2.7.
Your failure to fulfil any or all of the requirements
of these Terms, may cause the insurance to be invalidated and you will be
responsible for and will pay to us all reasonable costs of any detrimental
consequences, and loss, damage or liability that may arise as a result. We also
reserve the right to demand immediate return of the Vehicle where the insurance
is compromised or invalidated.

3. ELIGIBILITY AND IDENTITY VERIFICATION

3.1.
Before we can hire a Vehicle to you, we require

3.1.1.
original photographic ID (ie., driving licence or
passport) for yourself and any named Driver,

3.1.2.
proof of address and,

3.1.3.
a DVLA validation Code (UK Drivers only), or For
non-UK Drivers, an additional proof of your name and home address.

3.2.
You should bring these documents with you when
collecting the Vehicle.  Failure to have
the correct documentation may prevent you from collecting the Vehicle, and you
may still remain liable for the Rental Charges from the agreed time for
collection.

3.3.
Hirer and Drivers should be 25 years and over to drive
a Vehicle.

3.4.
Only those who are named Drivers may drive the Vehicle.

3.5.
It is your responsibility to ensure that you can meet
such requirements prior to entering into the Agreement.

4. VEHICLE INSPECTIONS                

4.1.
Vehicle Condition Check Out

4.1.1.
When the Hire Period commences, you will be asked to
sign the Vehicle Condition form that describes the Vehicle’s condition at that
particular date and time.

4.1.2.
It is your responsibility to fully
inspect the Vehicle and any accessories for any pre-existing damage and to
identify such damage on the Vehicle Condition Check Out form.

4.1.3.
If you request the Vehicle is left by us for collection
by you at a location that is not our office or outside of our office hours you
do so at your own risk and are responsible for any damages or losses from the date
and time, we leave the vehicle at the requested location and/or from the time
our office closes.

4.1.3.1
If you request the Vehicle is left
by us for collection by you at a location that is not our office or outside of
our office hours, we will fill out the Vehicle Check Out Form to the best of
our knowledge at the time of dropping the Vehicle to your requested location at
a date and time that is suitable for us but before your requested hire time is
due to commence. This completed form will be left in the glove compartment of
the Vehicle by us.

                 You must inspect this document and
the vehicle and any accessories and notify us of any discrepancy or undeclared damage
in writing within 6 hours of the start of the Hire Period date and time. If you
do not notify us of any pre-existing defect or damage which is identifiable on
inspection, then you will be deemed to have accepted the Vehicle and any
accessories in the condition set out on the Hire Confirmation and will be
charged for any new damage that is discovered when the Vehicle and any
accessories are inspected by both parties on return of the Vehicle (or earlier
where the Vehicle is returned for inspection, servicing or repairs).

4.2.
Vehicle Condition Check In

4.2.1.
Any shortage between the fuel levels at the point of
hire and the fuel levels at the point of return will be charged to you at our
rates of forecourt plus 20% (and include a refuelling charge of £30).

4.2.2.
All goods and any personal belongings in or on the Vehicle
must be removed before it is returned.

4.2.3.
Upon the return of the Vehicle, you should inspect the Vehicle
together with our agent and countersign the Vehicle Condition Check In document
which includes a record of any new damage

We reserve the right to reinspect the Vehicle
and amend the Vehicle Condition Check In form up to 5 days (120 hours) after
the Hire Period has ended that is stated on your Hire Agreement.

We will retain the Vehicle
Condition Check In form, if you would like a copy please ask us.

4.2.4.
If the Vehicle is left by you for collection by us at a
location that is not our office and/or outside of our office hours you do so at
your own risk and remain responsible until we counter sign the Vehicle
Condition Check In form.  We reserve the
right to counter sign the Vehicle Condition Check In form up to 5 days (120
hours) after the Hire Period has ended that is stated on your Hire Agreement.

4.2.5.
If, during the Vehicle Condition Check In form inspection,
new damage to the Vehicle is discovered we will arrange for repair and
replacement of part and accessories as necessary and charge you for:

4.2.5.1.
The cost of the repair quote, cost of repairs and
replacement parts which are uneconomical to repair, any associated incurred
Freight, Administration, Loss of rental, Legal or Debt collection fees will be
also be sought on top;

4.2.5.2.
costs of cleaning where the Vehicle is not in a clean
and tidy condition;

4.2.5.3.
replacement cost of any accessories which have been
lost, stolen or are uneconomical to repair any associated costs incurred
Freight, Administration, Loss of rental, Legal or Debt collection fees will be
also be sought on top.

5. EARLY AND LATE RETURNS

5.1.
There is no refund for any unused days unless agreed in
writing by Mercado in advance. If any refunds are to be made, they will be made
less any bank or transaction charges.

5.2.
Unless agreed differently, you must return the Vehicle
during office hours to our office. If you choose to drop off the Vehicle ‘out
of hours’ or a location that is not our office or if you leave before we counter
sign the Vehicle Condition Check In form, you do so at your own risk and remain
responsible until we counter sign the Vehicle Condition Check In form which we can
up to 5 days after the Hire Period has ended.

5.3.
You must return the Vehicle at the time/date stated in
your hire confirmation. If you think you will be late, it is in your interest
to request an extension from us. If you are late, you will be charged for your
actual rental days, and an administrative fee plus any other charges you owe
us.

6. HIRER’S RESPONSIBILITY

6.1.
During the Hire Period, it is your responsibility to:

6.1.1.
check the vehicle daily and ensure it is in good condition,
engine oil level, water level in radiator, coolant, washers and wipers, lights,
wheel nuts, brake fluid level and condition of tyres;

6.1.2.
keep the Vehicle and its accessories in its possession
and free from legal process or lien and when not in use adequately protected
and secured; and

6.1.3.
at our reasonable request, make the Vehicle available
for inspection, service or repair work.

6.2.
You agree to:

6.2.1.
ensure that any driver(s) using the Vehicle(s) during
the Hire Period are approved by us and hold a valid full current licence for
the type and use of Vehicle and are duly permitted and insured under the
insurance policy provided with the Vehicle;

6.2.2.
treat the Vehicle with all due care and respect;

6.2.3.
ensure that the Vehicle will not be used: i) for
re-hire; ii) for  the carriage of
passengers for hire or reward; iii) for any illegal purpose or in contravention
of any legislation affecting you, the Driver, the Vehicle or its use; iv) by
any person under the influence of alcohol, recreational drugs, and any
medications that impair that person’s driving ability; v) to carry more
passengers than is recommended by the Vehicle’s manufacturer; vi) to give
driving lessons; vii) for off road use; viii)
to push or tow another Vehicle or trailer; ix) to carry substances that
are flammable, dangerous, hazardous toxic, harmful, radioactive and  infringe applicable local laws and
regulations, x) to transport goods with a weight, quantity and/or volume in
excess of the Vehicle’s manufacturer recommendation; xi) for racing, rallies
and the like whether official or not; xii) to transport live animals (except
Assistance Dogs and pre-approved Pets);

6.2.4.
ensure that any goods transported in or on the Vehicle
are secured to the extent they will not cause damage to the Vehicle or cause
risk to any passengers or to any third party or to any third-party property;

6.2.5.
not, without our prior written approval, apply any
livery, branding, transfers or marks or paintwork to the Vehicle;

6.2.6.
not fit any roof or bike rack or any tow or if fitted
to modify them.

6.2.7.
not to make any other modifications to the Vehicle
without our prior written consent.

6.2.8.
not to smoke or vape in the Vehicle;

6.2.9.
refill the Vehicle with the correct type of fuel.

7. CHARGES

7.1.
The charges will comprise where applicable of:

7.1.1.
the Rental Charges for the Hire Period;

7.1.2.
the premium for any insurance cover required or you
have opted for;

7.1.3.
the cost of additional equipment such as satnav,
booster or child safety seats, roof bars etc.

7.2.
You agree to pay on demand:

7.2.1.
the Hire Charges;

7.2.2.
any charges including but not limited to Freight,
Administration, Loss of rental, Legal or Debt collection fees associated with
or arising from your use of the Vehicle including without limitation; i) your
failure to return the Vehicle in a clean condition; ii) abortive delivery
and/or collection of the Vehicle; iii) any applicable excess mileage;  iv) the full cost of uninsured damage to, or
loss of the Vehicle, keys or accessories; v) any amount in respect of which you
are required to indemnify us pursuant to the terms of this Agreement; vi) your
cancellation of a hire arrangement after our written confirmation of an order
has been received; v) any associated costs including but not limited to Freight,
Administration, Loss of rental, Legal or Debt collection costs if the Vehicle
is declared a total loss or stolen; vi) any variation to the hire as a direct
result of your actions; vii) any fuel used which is different in fuel levels
recorded at the time of collection (fuel will be charged at the price applied by
us at the time the Vehicle is returned, such rate being pump cost plus twenty
percent (20%)); viii) any costs incurred by the removal and disposal of any
goods left in Vehicles; ix) any recovery charges including but not limited to Freight,
Administration, Loss of rental, Legal or Debt collection fees arising from the
police, or any other governmental or public organisation who has seized the Vehicle;
x) any loss-of-income whilst we are unable to rent out the Vehicle.

8. SECURITY DEPOSIT

8.1.
You may be required to provide a security deposit as
stated in your hire confirmation to be used in the event of loss or damage to
the Vehicle during the term of this Agreement.

8.2.
We may, in lieu of collection of a security deposit,
place a hold on a credit card in the same amount.  In the event of damage
to the Vehicle, we will apply this Security Deposit to defray the costs of
necessary repairs or replacement.  If the cost for repair or replacement
of damage to the Vehicle exceeds the amount of the Security Deposit, you will
be responsible for payment of the balance of this cost.

9. ACCIDENTS AND THEFT DAMAGE

9.1.
You must notify

9.1.1.
the police immediately and

9.1.2.
us within 24 hours, if the Vehicle has been involved in
an accident or damage event, even if no third party was involved.

9.2.
If the Vehicle is lost, stolen or damaged you must, to
the extent the law allows, pay either the repair cost or replacement Vehicle
cost plus charges including but not limited to Freight, Administration, Loss of
rental, Legal or Debt collection fees.

9.3.
Please note that if you damage the Vehicle on more than
one occasion, you must, to the extent the law will allow, pay either the repair
cost or replacement Vehicle cost plus charges including but not limited to Freight,
Administration, Loss of rental, Legal or Debt collection fees for each clearly
separate incident of damage.

9.4.
We will try to recover all costs and other charges from
the party at fault if you are able to show that the damage, theft or loss is
not attributable to your fault, deliberate breach, fraudulence or gross
negligence (to the extent such terms are used under the applicable law). To
help us, you must provide us a properly completed incident report form,
including the contact details of the other parties involved, within 24 hours of
the accident. To the extent the law allows, we will charge a fee to cover our
costs in having to contact you to obtain a properly completed incident report
form.

9.5.
If we are not able to recover all costs you will be
held liable to pay for either the repair cost or replacement Vehicle cost plus
charges including but not limited to Freight, Administration, Loss of rental,
Legal or Debt collection fees.

10. DAMAGES TO THE VEHICLE

10.1.
You are obliged to return the Vehicle, its keys,
accessories and documentation to us in the same condition as they were at check
out, subject to any fair wear and tear.

10.2.
Our Vehicles are working assets and, if you fail in any
way to comply with the obligation set out in these Terms, we are entitled to
repair the Vehicle at our cost so that it is restored to this condition; and
you will be liable to pay the damage, regardless of whether the damage was
caused by you or a third party (including a third party with whom you have had
an accident or a government, authority or organisation which has seized the Vehicle
and/or its keys, accessories, or documentation).

10.3.
If damage is identified upon the return of the Vehicle,
we will provide you with an invoice detailing the cost to repair or replace the
damage, this may include associated charges including but not limited to Freight,
Administration, Loss of rental, Legal or Debt collection fees.

10.4.
In relation to Serious Damage suffered by the Vehicle
(including Windscreen Replacement or Repair), you will pay us the sums we
become liable to pay in recovering and/or repairing and/or cleaning the Vehicle,
for which you will indemnify us; and pay us a Loss of Use Charge which is a
charge to take account of our loss of income while the Vehicle is being
repaired and/or cleaned and this will include associated costs including but
not limited to Freight, Administration, Loss of rental, Legal or Debt
collection fees.

10.5.
In relation to a Tyre Replacement or a Tyre Repair you
will pay us the sum(s) for which we become liable to pay to our suppliers for
the Replacement Tyre or the Tyre Repair (whichever applies), any associated
supplementary charges that may apply (if any), the cost to call us out if
required and a Tyre Replacement or a Tyre Repair Administration Charge.

10.6.
In the event of a Total Loss you will pay us the sums
representing the pre-accident insured value of the Vehicle, any Vehicle
recovery charges, associated costs including but not limited to Freight,
Administration, Legal or Debt collection fees less any sums that we recover in
respect of the Vehicle when it is sold for salvage; and a Loss of Use Charge
which is a charge to take account of our loss of revenue on the Vehicle,
payable in respect of each day, after the end of the Hire Period End Date up to
the point that the Vehicle is sold for salvage and we have received full
payment for the insured value of the Vehicle plus any associated costs
including but not limited to Freight, Administration, Legal or Debt collection
fees.

11. DAMAGE TO THIRD PARTIES

You
will be responsible for the cost of any damage you cause to another party,
their property, the Vehicle they are in and any and all uninsured losses that
are otherwise incurred.

12. SEIZURE OF THE VEHICLE

If,
after check-out of the Vehicle, the Vehicle and/ or its keys, accessories, or
documentation are seized by any Government, authority or organisation, you must
pay for any damage suffered by the Vehicle and/or its keys, accessories, or
documentation, and the cost of any restoration or repatriation charges we incur
together with any penalties or fines arising as a direct result of the Vehicle’s
seizure; a Loss of Use Charge to compensate us while we cannot rent the Vehicle
calculated on daily basis; associated costs including but not limited to Freight,
Administration, Legal or Debt collection fees.

13. INSURANCE

13.1.
Our Vehicles are covered by Third Party Fire and Theft insurance
only unless otherwise stated.

13.2.
Damage to our Vehicle in an accident that was your
fault is not covered

13.3.
Damage to your personal possessions in a crash is not
covered

13.4.
Repair or replacement costs if you left the Vehicle
unsecured is not covered.

13.5.
Medical costs if you are injured in an accident is not
covered.

13.6.
You will be responsible for the cost of any damage you
cause to another party, their property, the Vehicle they are in and any and all
uninsured losses that are otherwise incurred.

13.7.
This does not include property being transported in the
Vehicle.

13.8.
Cover will not be provided in accordance with clause
where:

13.8.1.
the Vehicle is operated in breach of this Agreement;

13.8.2.
the damage is caused by an item transported inside or
outside of the Vehicle;

13.8.3.
the accident is not notified to us within 24 hours or
as soon as practically possible in the event of your incapacitation;

13.8.4.
You have a pre-diagnosed medical condition that
precludes you from operating a Vehicle.

14. INDEMNIFICATION

14.1.
You agree to indemnify, defend, and hold harmless
Mercado for any loss, damage, or legal actions against Mercado as a result of
your operation or use of the Vehicle during the term of this Agreement.

14.2.
This includes any solicitor fees necessarily incurred
for these purposes.

14.3.
You will also pay for any parking tickets, moving
violations, or other citations received while in possession of the Vehicle.

15. REPRESENTATIONS AND WARRANTIES

15.1.
Mercado represents and warrants that to Mercado`s
knowledge, the Vehicle is in good and roadworthy condition and is safe for
ordinary operation of the Vehicle.

15.2.
You represent and warrant that you are legally entitled
to operate the Vehicle under the laws of the Falkland Islands and will not
operate it in violation of any laws, or in any negligent or illegal manner.

15.3.
You have been given an opportunity to examine the Vehicle,
MOT and Road Tax Certificate and in advance of taking possession of it, and
upon such inspection, and are not aware of any damage existing on the Vehicle
other than that notated on the Vehicle Condition Check Out Form.

16. TERM AND TERMINATION

16.1.
This Agreement shall commence on the Starting Date and
shall continue in full force and effect until the End Date upon which it shall
automatically terminate.

16.2.
You may terminate this Rental Agreement at any time by
giving Us 14 days written notice, we may charge a Cancellation Fee.

16.3.
We may terminate this Rental Agreement at any time by
giving You 14 days written notice sent to your email address provided.

16.4.
Either party may terminate this Agreement on immediate
notice if the other party is:

16.4.1.
in material or persistent breach of any of its terms;
or

16.4.2.
is unable to pay its debts as they fall due.

16.5.
We shall have the right to terminate this Agreement and
repossess the Vehicle at any time during the Rental Period where;

16.5.1.
You are in breach of this Agreement;

16.5.2.
You have obtained the Vehicle through fraud;

16.5.3.
You have abandoned the Vehicle;

16.5.4.
You have damaged the Vehicle and not contacted us;

16.5.5.
You have been issued a penalty notice for driving over
the speeding limit;

16.6.
In the event of us terminating this Agreement because
you are in breach of this Agreement you shall be liable for the costs incurred
by us in repossessing the Vehicle and a Repossession Fee.

17. LIABILITY

17.1.
Except in respect of death or personal injury caused by
Mercado’s negligence, Mercado will not by reason of any representation, implied
warranty, condition or other term, or any duty at common law or under express
terms of this contract, be liable for any loss of profit or any indirect,
special or consequential loss, damage, costs, expenses or other claims (whether
caused by Mercado’s servants or agents or otherwise) which arise out of or in
connection with the supply of the Vehicle.

17.2.
Mercado shall not be liable to you or be deemed to be
in breach of this Agreement by reason of any delay in performing, or any
failure to perform, any of Mercado’ obligations if the delay or failure was due
to any cause beyond Mercado’ reasonable control.

17.3.
You are criminally liable for infringements committed
while driving the Vehicle, as provided In the Highway code.

17.4.
Mercado declines any responsibility to third parties for injury or damage that
you may cause during the rental period if you have wilfully supplied Mercado
with false information as to his identity, his address or the validity of his
driving licence.

18. TRACKING AND ELECTRONIC DEVICES AND HIRER’S CONSENT

18.1.
To maintain and protect the Vehicle and to prevent and
detect crime we may fit and use electronic devices to monitor the condition,
performance and operation of a Vehicle and/ or to live track a Vehicle’s
movements. This information may be used both during and after termination of
the Hire Period.

18.2.
You confirm that in entering into this Agreement, you
have the authority of any Driver and every user of the Vehicle to the use of
such devices,  to collate, store and use
the information arising from them, and will indemnify us against any claim by a
Driver or user of the Vehicle, or any other prosecution or action otherwise
arising from any claim that our use of any such device or data breaches data
protection law, where had appropriate permissions been obtained by you, no such
action would have been taken in relation to the use of such devices.

18.3.
By entering into this Agreement, you warrant that you
have obtained and will throughout the Hire Period continue to hold all consents
expressly obtained from drivers and users of the Vehicle explicit consent to
the use of such electronic devices.

19. OTHER IMPORTANT TERMS

19.1.
We may transfer our rights and obligations under a
Contract to another organisation, but this will not affect your rights or our
obligations under these Terms.

19.2.
You may only transfer your rights or your obligations
under these Terms to another person if we agree in writing.

19.3.
This contract is between you and us. No other person
shall have any rights to enforce any of its terms.

19.4.
A person who is not a party to this agreement shall
have no rights under this agreement pursuant to the Contracts (Rights of Third
Parties) Act 1999.

19.5.
If we fail to insist that you perform any of your
obligations under these Terms, or if we do not enforce our rights against you,
or if we delay in doing so, that will not mean that we have waived our rights
against you and will not mean that you do not have to comply with those
obligations. If we do waive a default by you, we will only do so in writing,
and that will not mean that we will automatically waive any later default by
you.

19.6.
These Terms and any document expressly referred to in
it constitutes the entire agreement between us regarding their subject matter,
and supersedes and extinguishes all previous agreements, promises, assurances,
warranties, representations and understandings between us, whether written or
oral, relating to that subject matter. You agree that you shall have no
remedies in respect of any statement, representation, assurance or warranty
(whether made innocently or negligently) that is not set out in these Terms or
any document expressly referred to in it. You agree that you shall have no
claim for innocent or negligent misrepresentation or negligent misstatement
based on any statement in these Terms or any document expressly referred to in
it.

19.7.
Each of the conditions of these Terms operates
separately. If any court or competent authority decides that any of them are
unlawful or unenforceable, the remaining conditions will remain in full force
and effect.

19.8.
These terms and conditions and the relationship between
you and us shall be governed by and construed in accordance with the laws of the
Falkland Islands, and you agree to submit to the exclusive jurisdiction of the
courts of the Falklands.

20. UNPAID AMOUNTS

20.1.
Where the full amount due (including any charges) is
not paid within 7 days of a payment being sought then we reserve the right to
charge interest on the amount due of 10% per week calculated on a week or part
week basis, interest commences when Debt Chasing Letter 2 is issued. Further,
the administrative cost of chasing payments including the cost of any legal
proceedings shall be charged to the Customer. The administrative cost of the
first, second and third chasing letter for non-payment will be £20 each, the
fourth chasing letter shall be £40.
The first debt chasing letter shall be sent on day 7 of the payment being
sought.
If payment has not been received after letter 1 has been sent, the second debt
chasing letter shall be sent on day 17 of payment being sought.
If still no payment received after letter 1 and 2 has been sent then the third
debt chasing letter shall be sent on day 27 of payment being sought.
Debt letter 4 will be sent on Day 37 of payment being sought and
court proceedings shall being.

20.2.
If the Debtor is not ordinarily resident in the Falkland Islands, referral to our nominated
Debt Collection Agency will be made on day 7 of the payment being sought and Debtor
letters 1, 2, 3 & 4 shall not be issued. Any costs incurred by our
nominated Debt Collection Agency will be added on top of the outstanding
invoice amount. Furthermore, we reserve the right to charge 10% of the outstanding
amount for every week or part week that the outstanding amount is unpaid.

20.3.
If a third debt chasing letter is sent then any debts outstanding by the customer
become immediately due and interest on those will be charged from the date of
letter 3.

3. Reliance on Information
   • The Platform is intended to provide general information and entertainment only and, as such, should not be considered as a substitute for advice covering any specific situation. You should seek appropriate advice before taking or refraining from taking any action in reliance on any information contained in the Platform.
   • The information provided on the Platform is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
   • Mercado shall not be responsible and shall be held harmless for any comments or materials posted on any part of the platform which are not formally authorised by Mercado. Any person’s posting unsuitable or incorrect information shall have any such post removed.
   • We cannot advice on any item you decide to purchase or procure using our service.
   • Mercado makes no representations, warranties or guarantees, whether express or implied, that the content on the Platform is accurate, complete or up to date.

4. Advertisers And Affiliates
   • We allow advertisers and affiliates with permission to display their advertisements and links and other information in certain areas of the Platform.
   • We simply provide the space to place such advertisements and links, and we have no other relationship with advertisers and affiliates.
   • Affiliates are NOT employees of Mercado. and are responsible for their own local, state, or country taxes.

5. Disputing Payments

5.1 You agree to contact Mercado prior to raising a request for a chargeback or any dispute with your bank or card issuer in relation to any Transaction where payment has been made to Mercado.

5.2 Upon receiving notice of a dispute Mercado will investigate the complaint and attempt to find a resolution and where appropriate an explanation for any disputed charges.

5.3 If  a dispute is raised with a bank or card issuer and it is determined that the dispute had no merit or was made without a legitimate reason (as determined at our sole discretion), whether fraudulently or otherwise, then we reserve the right to blacklist you  and or pursue legal action as appropriate. Further, in such circumstances Mercado reserves the right to charge an administration fee at its discretion of up to 50% of the amount disputed, is to cover its administration expenses.

6. License Grant
   • The APP and services are only available through accessing (or downloading from) a third-party platform or store, including but not limited to, the Google Play Store and Apple App Store (each, an “App Store”).
   • Your use of the Services is also governed by any applicable agreements you have with any App Store (the “App Store Agreement(s)”). In the event of a conflict between any other App Store Agreement(s) from which you acquire our APP and these Terms with respect to your use of the Services, these Terms will take priority.
   • So long as you comply with these Terms and, as applicable, the App Store Agreement(s), we grant you the following license: a personal, non-exclusive, non-transferable, non-sublicensable limited right and license to (i) download and install the APP on the device permitted by the App Store Agreement(s) (if applicable), and (ii) access and use the APP, including any Content, for your personal entertainment purposes leveraging only the functionality of the APP and services. We and our licensors reserve all rights not granted to you in these Terms. “Content” means all artwork, titles, themes, objects, characters, names, dialogue, catch phrases, stories, animation, concepts, sounds, audio-visual effects, methods of operation, musical compositions, and any other content within the Services. Content also includes anything generated, created, or that is otherwise developed within the APP by any user (including you) as a result of interaction with the functionality of the APP. We may, in our sole discretion, remove, edit, or disable any Content for any reason.

7. Apple and Google Devices License Agreement
   • The following terms apply when you use our APP obtained from either the Apple’s, or Google’s store (each an “App Distributor”) to access our APP:
     • the License granted to you for our APP is limited to a non-transferable License to use our APP on a device that utilizes the Apple iOS or Google operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service;
     • we are responsible for providing any maintenance and support services with respect to the APP as specified in the terms and conditions of this License or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the APP.
     • you must comply with applicable third-party terms of agreement when using the APP,
     • you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this License, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this License against you as a third-party beneficiary thereof.

8. User Representations
   • By using the Platform, you represent and warrant that:
     • all registration information you submit will be true, accurate, current, and complete;
     • you will maintain the accuracy of such information and promptly update such registration information as necessary;
     • you have the legal capacity, and you agree to comply with these Terms;
     • you are not under the age of 18. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have submitted verifiable consent of, and be directly supervised by, their parent or guardian to use the Site.
     • you will not access the Platform through automated or non-human means, whether through a bot, script, or otherwise;
     • you will not use the Platform for any illegal or unauthorised purpose;
     • your use of the Platform will not violate any applicable law or regulation.
   • If you provide any information that is untrue, inaccurate, not current, incomplete, discriminatory, is illegal, defamatory (or potential could be considered such) or is inappropriate (in our opinion), we have the right to suspend or terminate your account and refuse any and all current or future use of the Platform (or any portion thereof). Further you warrant to indemnify Mercado in the event that any claim is brought against us as a result of any such post.

9. Technical requirements and responsibility
   • Users are responsible for ensuring that the technical requirements for access to and use of the respective services are met.
   • This applies in particular to the hardware and operating system software used, the connection to the Internet, the firewall settings (if any) and the current browser software. The User shall carry out necessary and reasonable adjustment measures himself/herself and shall bear the costs for the Internet connection in order to be able to access the services.
   • Mercado does not guarantee that the services offered can actually be used with the User’s device.

10. Uploading content to our Platform
    • You irrevocably and unconditionally represent and warrant that any of your content uploaded to our Platform complies with our Privacy Policy and the DPA/GDPR and any other applicable laws.
    • You are fully responsible for your content uploaded to our Platform. We will not be responsible, or liable to any third party, for:
    • the content or accuracy of any content or data uploaded by you, by us on your behalf, or any other User of our Platform; or
    • the loss of any content or data (whether in physical or digital form) provided to us by you. You should keep a record of all such content and data.
    • We will only use the content uploaded by you for the purposes of providing the Services, carrying out our obligations in this Agreement and any other purpose expressly set out in this Agreement or otherwise agreed between us. We will not otherwise disclose or distribute the content uploaded by you, save for when required by law, a court of competent jurisdiction or any governmental or regulatory authority.
    • We may use the content uploaded by you for the purpose of data analytics or to implement artificial intelligence or machine learning. Any such content shall be anonymised and used only for the purposes of improving the Services and our response to Users of the Platform.
    • We have the right to disclose your identity to any third party claiming that any content posted or uploaded by you to our Platform constitutes a violation of their rights under applicable law.

11. Contribution License
    • By posting your Contributions to any part of the Platform, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image, and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorise sub-licenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
    • This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
    • We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Platform.
    • You are solely responsible for your Contributions to the Platform, and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
    • We have the right, in our sole and absolute discretion,
      • to edit, redact, or otherwise change any Contributions;
      • to re-categorise any Contributions to place them in more appropriate locations on the Platform; and
      • to pre-screen or delete any Contributions at any time and for any reason, without notice.
    • We have no obligation to monitor your Contributions.

12. Restrictions
    • Except as expressly set out in this Agreement or as permitted by any applicable law, you undertake:
      • not to reproduce, copy, modify, adapt, translate, publish, display, communicate, transmit, sell, exploit or use the whole or any part of any Service, our Platform or any of the contents therein for any commercial or other purposes;
      • not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the source code of our Platform nor attempt to do any such thing, or to reproduce, display or otherwise provide access to the Services, our Platform or any of the contents therein, including but not limited to framing, mirroring, linking, spidering, scraping or any other technological means;
      • not to provide or otherwise make available our Platform in whole or in part (including but not limited to program listings, object and source program listings, object code and source code), in any form to any person without prior written consent from us;
      • to include our copyright notice on all entire and partial copies you make of our Platform on any medium;
      • to comply with all applicable technology control or export laws and regulations; and
      • not to disrupt, disable, or otherwise impair the proper working of the Services, our Platform, or servers, such as through hacking, cyber-attacks (including but not limited to denial-of-service attacks), tampering or reprogramming.

13. Intellectual Property Rights
    • You acknowledge that all intellectual property rights in our Platform anywhere in the world belong to us, that rights in our Platform are licensed (not sold) to you, and that you have no rights in, or to, our Platform other than the right to use them in accordance with these Terms.
    • Any intellectual property rights in content uploaded by you to our Platform shall continue to belong to you or their respective owners. You agree that you grant us a royalty-free and non-exclusive license to use, reproduce, publish, and display such intellectual property rights for the purposes of performing the Services, promotional purposes, internal administrative purposes and any other purposes set out in these Terms, including for the purpose of improving the Services and our responses to Users of the Platform.
    • You acknowledge that you have no right to have access to our Platform in source code form.
    • You must not modify the paper or digital copies of any materials you have printed off or downloaded from our Platform in any way, and you must not use any illustrations, photographs, sequences, or any graphics separately from any accompanying text.
    • You must not use any part of the content on our Platform for commercial purposes not specified on our Platform without obtaining a license to do so from us or our licensors.

14. Acceptable Use Policy
    • You may use our Platform only for lawful purposes.
    • You may not use our Platform:
      • in any way that breaches any applicable local or international laws or regulations;
      • in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
      • to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards as set out in our prevailing Terms of Service as amended from time to time; and
      • to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar device code designed to adversely affect the operation of any device software or hardware.
    • You also agree:
      • not to reproduce, duplicate, copy or re-sell any part of our Platform in contravention of the provisions of our Terms; and
      • not to access without authority, interfere with, damage or disrupt:
      • any part of our Platform;
      • any equipment or network on which our Platform is stored;
      • any software used in the provision of our Platform; or
      • any equipment or network or software owned or used by any third party.

15. Suspension
    • We will determine, in our discretion, whether there has been a breach of our Acceptable Use Policy through your use of our Platform.
    • When a breach of this Agreement has occurred, we may take such action as we deem appropriate.
    • Failure to comply with our Acceptable Use Policy constitutes a material breach of these Terms upon which you are permitted to use our Platform, and may result in our taking all or any of the following actions:
      • immediate temporary or permanent cancellation of your right to use our Platform;
      • immediate temporary or permanent removal of any Contribution;
      • issuance of a warning to you;
      • legal proceedings against you for reimbursement of all costs on an indemnity basis (including but not limited to reasonable administrative and legal costs) resulting from the breach;
      • further legal action against you; and/or
      • disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
    • We exclude liability for actions taken in response to breaches of this Acceptable Use Policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

16. Submissions
    • You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Platform (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
    • You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

17. Platform Management
    • We reserve the right, but not the obligation to:
      • monitor the Platform for violations of these Terms;
      • take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, reporting such User to law enforcement authorities;
      • in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
      • in our sole discretion and without limitation, notice, or liability, to remove from the Platform or otherwise disable all files and content that are excessive or are in any way burdensome to our systems;
      • otherwise manage the Platform in a manner designed to protect our rights and property and to facilitate the proper functioning of the Platform.

18. Availability of the Platform
    • Our Platform is provided “as is” and on an “as available” basis. We give no warranty that our Platform will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
    • Mercado accepts no liability for any disruption or non-availability of the Platform resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

19. Corrections

There may be information on the Platform that contains typographical errors, inaccuracies, or omissions that may relate to the Platform, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Platform at any time, without prior notice.

20. Privacy
    • For the purposes of applicable data protection legislation, Mercado will process any personal data you have provided to us in accordance with our Privacy Policy available on the Mercado Platform or on request from Mercado.
    • You agree that if you have provided Mercado with personal data relating to a third party:
      • you have in place all necessary appropriate consents and notices to enable lawful transfer such personal data to Mercado and
      • that you have brought to the attention of any such third party the Privacy Notice available on the Mercado’ Platform or otherwise provided a copy of it to the third party.
    • You agree to indemnify Mercado in relation to all and any liabilities, penalties, fines, awards, or costs arising from your non-compliance with these requirements.

21. Term and Termination
    • These Terms shall remain in full force and effect while you use the Platform. Without limiting any other provision of these Terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Platform (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms or of any applicable law or regulation. We may terminate your use or participation in the Platform or delete your account and any content or information that you posted at any time, without warning, in our sole discretion.
    • If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
    • In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

22. Limitation of Liability
    • We are not liable for the completeness, accuracy or correctness of any information uploaded on our Platform and any Related Content. You expressly agree that your use of the Services and our Platform, including reliance on any Advice, is at your sole risk.
    • You agree not to use the Services, our Platform and the Related Content for any re-sale purposes, and we have no liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms (including but not limited to the use of, or inability to use, the Services, our Platform or any other website or software) for:
      • loss of profits, sales, business, or revenue;
      • business interruption;
      • loss of anticipated savings;
      • loss or corruption of data or information;
      • loss of business opportunity, goodwill or reputation; or
      • any other indirect or consequential loss or damage.
    • Nothing in these Terms shall limit or exclude our liability for:
      • death or personal injury resulting from our negligence;
      • fraud; and/or
      • any other matter in respect of which we are prohibited under applicable law from limiting or excluding our liability.
    • Our Platform is not intended to serve a record-keeping function and we shall not be liable for any loss of data or content.
    • These Terms set out the full extent of our obligations and liabilities in respect of the supply of the Services and our Platform. Except as expressly stated in these Terms, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the supply of the Services and our Platform which might otherwise be implied into, or incorporated in, these Terms whether by statute or otherwise, is excluded to the fullest extent permitted by law.

23. No Waiver

In the event that any party to these Terms fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

24. Previous Terms

In the event of any conflict between these Terms and any prior versions thereof, the provisions of these Terms shall prevail unless it is expressly stated otherwise.

25. Severance

If any of the provisions of this Agreement are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of this Agreement. The remainder of this Agreement shall be valid and enforceable.

26. Law and Jurisdiction

These Terms of Service and the relationship between you and Mercado shall be governed by and construed in accordance with the Law of the Falkland Islands and Mercado and you agree to submit to the exclusive jurisdiction of the Courts of the Falkland Islands.

These Terms and Conditions were last updated on Friday, 31 March 2023·