Mercado Terms & Conditions Auction Facilities

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 Platform from which Sellers can sell their goods to Buyers on the site, who will bid offering a sum of money for the goods offered by the Sellers;
• Users refers to sellers of goods using the Service(s) and Buyers using the Platform to buy goods from the Sellers by bidding for the goods via the Platform.
• Buyers refers to customers who bid to purchase the goods from the Sellers.

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.

Upon a Bid being accepted via the Platform a legal contract between the Buyer and the Sellers will be formed.

1. General Provisions

1.1. We provide the technological requirements for the use of our Platform in accordance with the following provisions and to the extent described therein.
1.2. We provide users with an account.
1.3. 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.
1.4. You communicate with our Platform through independent online access, for example via a web browser or our iOS and Android mobile application.
1.5. 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.
1.6. 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:
1.6.1. you are at least 18 years old,
1.6.2. you have read the terms set out in these Terms and agree to be bound by and comply with them; and
1.6.3. you shall ensure that all Users of your Account abide by these Terms.

1.7. 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.
1.8. 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.
1.9. 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.
1.10. 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.
1.11. 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.
1.12. 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. Auction Policy

2.1. It is important to recognise that in making a bid, this may/will result in you becoming liable to purchase the relevant item as the ultimate buyer, as any bid, once made, may only be withdrawn at Mercado’s discretion and with the consent of the seller.
2.2. Each item shall be sold to the highest bidder and in the event of any dispute between bidders regarding any item, such item may be re-exposed for sale at Mercado’s discretion.
2.3. Payment by the Buyer is due once the auction is closed and the Buyer is notified that they are the successful purchaser of the goods.
2.4. By using the Platform all Sellers are deemed to have confirmed that they are the legal owners of any goods sold, have the right to sell the goods, that no one has a lien or any rights over the goods, that there are no legal disputes or potential disputes in respect of the goods and that the goods are of merchantable quality.
2.5. By using the Platform all Buyers are deemed to have confirmed that they are solvent and have the legal capacity to enter into any contract to purchase and have the financial means to pay the amount that they bid for any goods and can pay such monies at the end of the auction upon demand.
2.6. Mercado reserves the right to refuse the bid of any person and that without any reason. Mercado reserve the right to bid as agent for any prospective buyer and further reserve to themselves the right to regulate the bidding and the conduct of the sale. Mercado’s decision on all matters affecting the sale shall be final and binding.
2.7. Each item will be sold without reserve unless the owner of the item clearly states to Mercado, before bidding commences, that he wishes a reserve price placed upon the item.
2.8. In permitting goods to be sold through the Platform Mercado does not assume the position or liability as Seller.
2.9. The risk of each item shall remain with the Seller until the risk passes to the purchaser on the sale of the item. All items shall be removed at the purchaser’s expense on the day of sale. Mercado will not be responsible for the loss of any item or article or of any part or accessory thereof entrusted to them for sale and further Mercado will not be responsible for any loss however such loss has arisen or been sustained including but not limited to, loss of profit, loss of reputation, loss of expectation or of any injury or damage sustained or done to an item or article or any part thereof or accessory thereto.
2.10. In the event of a purchaser neglecting or failing to comply with any of the conditions of sale, any payment to account of the price made by such a purchaser shall be fortified and the item sold will revert to the seller. The item thereafter may be re-sold and the defaulting purchaser shall pay to the seller any loss or damage sustained as a result of such a resale. Such resale will be considered as a new sale for which Mercado will be entitled to be paid commission. Mercado will be entitled without consent of the owner to sue for the loss and expense incurred in connection with such resale.
2.11. Mercado is entitled to check the personal details of the Sellers by means of suitable official documents in order to confirm the correctness of the data entered.
2.12. Mercado is not responsible for the Buyers and does not certify that the Buyers are able to pay the Sellers.
2.13. Mercado is not a mediator or arbitrator but offers a limited dispute resolution services where the service provided by the Seller was not as described or a User is not responding to correspondence. Where Mercado does provide a limited dispute resolution any decision made by Mercado shall be binding on both parties.
2.14. Mercado has no influence on the offers made by Sellers and is not responsible for the amount bid by a Buyer or determining if the price bid is fair or reasonable.
2.15. Mercado reserves the right to delete the Sellers’ profile in the case of false information or in the opinion of Mercado gross violations of these Terms, without prior notification or naming of reasons. In the case of gross deception, falsification of documents or other wilful misrepresentation, Mercado will take appropriate action, including legal action
2.16. Where a Warranty is given Mercado shall not be liable for such warranty so expressed and shall not be liable to be called as a party to dispute between the seller and the purchaser.
2.17. The Buyer is solely responsible for ensuring that the payment at the conclusion of the auction, including any banking fee or similar charge is correct
2.18. The Seller is solely responsible for paying for Mercado’s fees for the use of the Platform.
2.19. All Users are responsible for any third-party services (such as services communications, Internet, etc.) required to receive Services.
2.20. Payments services of Mercado are processed by a payment service provider acting on the basis of an agreement with Mercado. All rights and obligations arising in relation to the payment process are directly between the payment service provider and the Buyer.
2.21. Mercado does not process or have access to any of the Buyer’s personal payment or bank details provided in connection with the settlement of payments.
2.22. Mercado does not store the details of bank cards on their resources, including servers, cloud storage, etc.
2.23. In the event of default in payment by a Buyer, Mercado may (but is not required to) suspend or delete the Buyer’s account and to withdraw any current bids made by the Buyer in respect of any other items being sold on the Platform.
2.24. In the event of a disagreement between buyer and seller regarding the condition or age of any item, Mercado may appoint a qualified person to test the item and the report of such person shall be final and binding. The expense of such test shall be borne by the party error.
2.25. In the event of a dispute the remedy of a purchaser shall be against the seller only; Mercado will be regarded as agents for a disclosed principle and under no circumstances be held liable.
2.26. Where a Seller fails to complete a transaction where a bidder has offered to buy the goods offered for sale by the Seller then the seller shall still be liable for the commission fee due to be paid to Mercado.
2.27. Mercado do not guarantee that any item advertised on the Platform to be sold shall be bought and further Mercado accepts no responsibility to the Buyer in the event that Buyer decides to re sale any item purchased by way of using the auction Platform.

3. Prohibited Items

3.1. In addition to our content standards and acceptable use policy, buying or selling the following items is prohibited on Mercado Services or elsewhere on the platform or app:
3.2. Listings may not include or otherwise promote the buying, selling or use of:
3.2.1. Adult products;
3.2.2. Body parts and fluids;
3.2.3. Digital media and electronic devices;
3.2.4. Documents and financial instruments;
3.2.5. Hazardous goods and materials;
3.2.6. Human exploitation and sexual services;
3.2.7. No item for sale Listings;
3.2.8. Prescription products, drugs and drug paraphernalia;
3.2.9. Recalled products;
3.2.10. Stolen goods;
3.2.11. Subscriptions and digital products;
3.2.12. Weapons, ammunition and explosives
3.2.13. Listings may not contain content that infringes upon or violates the intellectual property rights of any third party, including copyright or trademark and counterfeits
3.2.14. Tobacco products and related paraphernalia;
3.2.15. Used cosmetics;
3.3 Listings, commerce Chat threads, etc must not:
3.3.1 discriminate or suggest a preference for or against people because of a personal characteristic, included but not limited to, race, ethnicity, colour, national origin, citizenship, religion, age, sex, sexual orientation, gender identity, family status, marital status, disability, or medical or genetic condition. Listings must comply with all applicable laws prohibiting discrimination.
3.3.2 include or otherwise promote the buying, selling or facilitation of online gambling for money or money’s worth, including digital currencies. Online gambling includes gaming, betting, lotteries, raffles, casino, fantasy sports, bingo, poker and sweepstakes in an online environment.
3.3.3 include or otherwise promote job opportunities. This prohibition includes job opportunities that fully describe the associated product or business model, as well as job opportunities that are misleading, deceptive, fraudulent or have an unclear business model.

4 Mercado’s Fees

4.1 When a Buyer purchases goods from the Seller and uses Mercado’s payment facilities, Mercado calculates the gross amount of the sale as the amount actually received by Mercado from the Buyer. From this, Mercado will subtract any Transaction Taxes and a Service Charge of £0.50p plus 3% of the transaction for card payments service and processing fee, and any amounts paid to third parties in connection with the content to calculate the net amount of the sale.
4.2 When an item is sold as an auction, Mercado charges 6% as commission for this service, this is in addition to a Service Charge of £0.50p plus 3% of the transaction for card payments service and processing fee, and any amounts paid to third parties in connection with the content to calculate the net amount of the sale.
4.3 For transactions completed by Cash on Collection/Delivery or Transfer slip, Mercado will charge as commission for the Service, £1.00 or 3% of the sale, whichever is the greater. Where payment is collected by the Seller directly from the Buyer the Seller must:
4.3.1 Notify Mercado that payment has been received and the amount received within 24 hours of receipt of payment;
4.3.2 pay the commission to Mercado into Mercado’s bank account with Standard Chartered Bank before the end of the month in which the payment was received by the Seller.
4.4 Mercado reserves the right to change processing fee at any time referred to in clause 4.2 and 4.3 above at any time subject to Mercado notifying the Seller at least 7 days in advance of any change.
4.5 Mercado is not responsible for currency conversion fees, wiring fees, or any other processing fees that you may incur. Your revenue report will show the sales price and your converted revenue amount.
4.6 Mercado and the Seller each expressly agree and understand that they are creating an independent contractor relationship, and that the Seller shall not be considered an employee of Mercado for any purpose. The Seller is not entitled to receive or participate in any medical, retirement, vacation, paid or unpaid leave, or other benefits provided by Mercado to its employees.
4.7 The Seller is exclusively responsible for all Social Security, self-employment, and income taxes, disability insurance, workers’ compensation insurance, any other statutory benefits otherwise required to be provided to employees, and all fees and licenses, if any, required for the performance of the services hereunder.
4.8 All funds paid to Mercado using Mercado’s card facility, will be held on the Seller’s behalf at an account with Mercado’s Payment Services Provider Square. All payment services, including withdrawal services, will be provided by Mercado’ Payment Services Provider.
4.9 All funds paid to Mercado using Mercado’s card facility, will be held on the Seller’s behalf at an account with Mercado’s Payment Services Provider Square. All payment services, including withdrawal services, will be provided by Mercado’ Payment Services Provider.
4.10 Mercado will upon request to services@mercado.co.fk (subject to such requests being reasonable and proportionate) provide details of the amount held by Mercado’s Payment Service Provider which relate to monies held on behalf of the Seller within 7 business days of receiving a request from the Seller for such information. Such information will be provided in good faith but may be subject to change.
4.11 To withdraw funds held by Mercado’ Payment Services Provider Square the Seller needs to request the amount the Seller wishes to withdraw by emailing Mercado at sales@mercado.co.fk and confirming the account to which funds should be paid to. Payment of the requested amount (less any fees for the transfer) will usually be transferred to the Seller’s nominated account within 15 business days of Mercado receiving the request. Any withdrawal request which is for more that the amount held on behalf of the Seller with Mercado’s Payment Services Provider, will automatically be reduced to the maximum amount held at the date transfer is made by Mercado.
4.12 The payment of any funds will be subject to the Seller meeting the minimum requirements as per clause 11.4 below and subject to any applicable fee charged by Mercado for the transfer.
4.13 Mercado will not be liable for any delays in the transfer or funds not arriving in the Seller’s nominated account. The Seller is responsible for notifying Mercado of the bank account details for each payment.
4.14 For security concerns, Mercado may temporarily disable a Seller’s ability to withdraw revenue to prevent fraudulent or illicit activity. This may come as a result of security issues, improper behaviour reported by other Users, or associating multiple Mercado accounts to a single withdrawal provider.
4.15 In the event that a Buyer successfully seeks a refund of monies paid to the Seller, the Seller shall refund all monies that are paid to the Buyer by or on behalf of Mercado, to Mercado within 5 business days of being notified that the monies are due.

5 Reliance on Information

5.1 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.
5.2 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.
5.3 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.
5.4 We cannot advice on any item you decide to purchase or procure using our service.
5.5 Mercado makes no representations, warranties or guarantees, whether express or implied, that the content on the Platform is accurate, complete or up to date.

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

7 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.

8 License Grant

8.1 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”).
8.2 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.
8.3 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.

9 Apple and Google Devices License Agreement

9.1 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:
9.1.1 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;
9.1.2 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.
9.1.3 you must comply with applicable third-party terms of agreement when using the APP,
9.1.4 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.

10 User Representations

10.1 By using the Platform, you represent and warrant that:
10.1.1 all registration information you submit will be true, accurate, current, and complete;
10.1.2 you will maintain the accuracy of such information and promptly update such registration information as necessary;
10.1.3 you have the legal capacity, and you agree to comply with these Terms;
10.1.4 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.
10.1.5 you will not access the Platform through automated or non-human means, whether through a bot, script, or otherwise;
10.1.6 you will not use the Platform for any illegal or unauthorised purpose;
10.1.7 your use of the Platform will not violate any applicable law or regulation.
10.2 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.

11 Technical requirements and responsibility

11.1 Users are responsible for ensuring that the technical requirements for access to and use of the respective services are met.
11.2 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.
11.3 Mercado does not guarantee that the services offered can actually be used with the User’s device.
11.4 To receive funds paid to Mercado’s Payment Service Provider Square the User must have a UK bank account in the User’s name or an account held with a UK bank account or to an account held by the User with Wise a money transfer platform alternatively funds can be paid to the User’s bank account held with Standard Chartered Bank Plc in Stanley although such transfers will incur a fee of £5 administration charge and the amount charged by the banks for sending and receiving the transfer which currently is £30, such fees and charges will be deducted from any monies being sent by Mercado to the User at the time the transfer is made.

12 Uploading content to our Platform

12.1 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.
12.2 You are fully responsible for your content uploaded to our Platform. We will not be responsible, or liable to any third party, for:
12.3 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
12.4 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.
12.5 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.
12.6 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.
12.7 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.

13 Contribution License

13.1 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.
13.2 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.
13.3 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.
13.4 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.
13.5 We have the right, in our sole and absolute discretion,
13.5.1 to edit, redact, or otherwise change any Contributions;
13.5.2 to re-categorise any Contributions to place them in more appropriate locations on the Platform; and
13.5.3 to pre-screen or delete any Contributions at any time and for any reason, without notice.
13.6 We have no obligation to monitor your Contributions.

14 Restrictions

14.1 Except as expressly set out in this Agreement or as permitted by any applicable law, you undertake:
14.1.1 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;
14.1.2 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;
14.1.3 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;
14.1.4 to include our copyright notice on all entire and partial copies you make of our Platform on any medium;
14.1.5 to comply with all applicable technology control or export laws and regulations; and
14.1.6 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.

15 Intellectual Property Rights

15.1 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.
15.2 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.
15.3 You acknowledge that you have no right to have access to our Platform in source code form.
15.4 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.
15.5 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.

16 Acceptable Use Policy

16.1 You may use our Platform only for lawful purposes.
16.2 You may not use our Platform:
16.2.1 in any way that breaches any applicable local or international laws or regulations;
16.2.2 in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
16.2.3 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
16.2.4 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.
16.3 You also agree:
16.3.1 not to reproduce, duplicate, copy or re-sell any part of our Platform in contravention of the provisions of our Terms; and
16.3.2 not to access without authority, interfere with, damage or disrupt:
16.3.3 any part of our Platform;
16.3.4 any equipment or network on which our Platform is stored;
16.3.5 any software used in the provision of our Platform; or
16.3.6 any equipment or network or software owned or used by any third party.

17 Suspension

17.1 We will determine, in our discretion, whether there has been a breach of our Acceptable Use Policy through your use of our Platform.
17.2 When a breach of this Agreement has occurred, we may take such action as we deem appropriate.
17.3 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:
17.3.1 immediate temporary or permanent cancellation of your right to use our Platform;
17.3.2 immediate temporary or permanent removal of any Contribution;
17.3.3 issuance of a warning to you;
17.3.4 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;
17.3.5 further legal action against you; and/or
17.3.6 disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
17.4 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.

18 Submissions

18.1 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.
18.2 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.

19 Platform Management

19.1 We reserve the right, but not the obligation to:
19.1.1 monitor the Platform for violations of these Terms;
19.1.2 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;
19.1.3 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;
19.1.4 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;
19.1.5 otherwise manage the Platform in a manner designed to protect our rights and property and to facilitate the proper functioning of the Platform.

20 Availability of the Platform

20.1 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.
20.2 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.

21 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.

22 Privacy

22.1 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.
22.2 You agree that if you have provided Mercado with personal data relating to a third party:
22.2.1 you have in place all necessary appropriate consents and notices to enable lawful transfer such personal data to Mercado and
22.2.2 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.
22.3 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.

23 Term and Termination

23.1 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.
23.2 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.
23.3 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.

24 Limitation of Liability

24.1 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.
24.2 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:
24.2.1 loss of profits, sales, business, or revenue;
24.2.2 business interruption;
24.2.3 loss of anticipated savings;
24.2.4 loss or corruption of data or information;
24.2.5 loss of business opportunity, goodwill or reputation; or
24.2.6 any other indirect or consequential loss or damage.
24.3 Nothing in these Terms shall limit or exclude our liability for:
24.3.1 death or personal injury resulting from our negligence;
24.3.2 fraud; and/or
24.3.3 any other matter in respect of which we are prohibited under applicable law from limiting or excluding our liability.
24.4 Our Platform is not intended to serve a record-keeping function and we shall not be liable for any loss of data or content.
24.5 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.

25 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.

26 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.

27 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.

28 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 Wednesday, 29 March 2023