Wicklow Makers Market Terms and Conditions

This Policy describes our general terms and conditions for using wicklowmarketplace.ie (the “Site”) whether you are a customer or a seller (Stallholder).

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Wicklow Market Place (“Company“, “we”, “us”, or “our”), concerning your access to and use of the https://wicklowmarketplace.ie website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). The Site provides an online marketplace for the following goods, products, and/or services: “Handcrafted Goods” (the “Marketplace Offerings”). In order to help make the Site a secure environment for the purchase and sale of Marketplace Offerings, all users are required to accept and comply with these Terms of Use. You agree that by accessing the Site and/or the Marketplace Offerings, you have read, understood, and agree to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND/OR THE MARKETPLACE OFFERINGS AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Moreover, by registering your name and/or business with this Site, you are expressly agreeing to these Terms and Conditions, either by being a Stallholder or Customer.

We have tried to make the terms of use on WicklowMarketplace simple to understand and as accessible as possible. Please do contact us by email if you have any comments or suggestions as we grow our online marketplace.

WicklowMarketplace may change these terms at any time by posting changes online. Please review these terms regularly to ensure you are aware of any changes made by WicklowMarketplace . Your continued use of WicklowMarketplace.ie after changes are posted means you agree to be legally bound by these terms as updated and/or amended.

General Terms
1. You must be 18 years of age or older or you will not be able to enter into a legally binding contract to buy or sell via WicklowMarketplace.ie
1.2 The Seller shall be responsible for their own VAT charges, payments and all matters associated with VAT relating to the sale of their goods.
1.3 If you register membership as a business [as a sole trader or partnership] on WicklowMarketplace you must guarantee that you personally have the authority of the business to agree to the terms of use. In order to do this you will need to have (a) a business registration number AND (c) Facebook or Instagram account or website.
1.4. These terms shall be governed by and interpreted in accordance with the law of Ireland and the EU.
2. You must not use WicklowMarketplace for any illegal or unauthorised purpose and you agree to comply with all ‘local’ laws regarding online conduct and acceptable content such as libel law and must comply with all local jurisdiction.
3. You must not breach any laws, sell any counterfeit items or otherwise infringe the copyright, trade mark or other rights of third parties.
4. You must not threaten, intimidate, harass or otherwise abuse any other WicklowMarketplace user.
5. You are responsible for maintaining that the content you submit is your own and is not owned by others.
6. You are solely responsible for your behaviour and conduct on WicklowMarketplace.ie including use of
all content and data including images [graphics and photos], audio and video clips, links and text [such as conversations] that you post to the WicklowMarketplace.ie website.
7. You must not modify or adapt or ‘hack’ WicklowMarketplace.ie or seek to create another website or communication to users that implies it is associated to WicklowMarketplace.ie
8. You must not produce unwanted communications [spam] to other users of WicklowMarketplace.ie in accordance with GDPR laws. (See our privacy policy LINK) Robin
9. You are responsible for keeping your password secure.
10. You must not transmit or seek to transmit any viruses or worms or any code that seeks to alter the behaviour of the WicklowMarketplace.ie site or that is in any way destructive.

Liability
11. Under no circumstances will WicklowMarketplace be liable for any of the following losses or damage (whether such losses where foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from the use of WicklowMarketplace regardless of the form of action.

Goods for Sale – Handcrafted
12. You must not list prohibited items – for a list of such items please refer to our prohibited items list. WicklowMarketplace reserves the right to change this list at any time and without notice.
13. If you seek to sell products, then all goods sold as “handcrafted” must be deemed not to have been produced through “mass production” methods and must be the original design or produce of the seller. See What can I sell on WicklowMarketplace for our policy on what is allowed for sale.

Content and Copyright
14. You [“the seller”] in using WicklowMarketplace allow WicklowMarketplace the right to re-use, edit, modify, re-purpose and re-publish the content. “You” retain rights over copyright of all such content yet provide a license for WicklowMarketplace to use this content both on and offline in perpetuity (see also point 27).
15. You must not post, list, or upload false, inaccurate, misleading or defamatory content (including personal information).
16. You must not copy, modify, or distribute WicklowMarketplace copyrighted works or trade marks, or other content from the Site, without our expressed consent, see using the WicklowMarketplace logo in point 34.
17. WicklowMarketplace may change or remove content (“content” includes, for example, items, item descriptions, and other information on the site) and accounts containing content that WicklowMarketplace determines to be unlawful, offensive, threatening, libellous, defamatory, obscene or otherwise objectionable or violates any party’s intellectual property, the Terms of Use, the Privacy Policy or other policy documents and community guidelines as posted on WicklowMarketplace.
18. By submitting your content you grant WicklowMarketplace a perpetual, royalty-free, non-exclusive, right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, make available to the public, and exercise all copyright and publicity rights with respect to your contribution worldwide and/or to incorporate your contribution in other works in any media now known or later developed for the full term of any rights that may exist in your contribution, and in accordance with privacy restrictions set out in the WicklowMarketplace Privacy Policy. This will enable us to reproduce your work for the purposes of marketing the service and your work (for example: ‘adverts’; blog posts; printed and web related marketing material; books etc.).
19. Your content must be your own original work which you have the right to make available and is not defamatory, does not infringe any law and indemnify WicklowMarketplace against all legal fees, damages and other expenses that may be incurred by WicklowMarketplace as a result of your breach of the above warranty.

Sales and Returns
20. Each Seller is responsible for creating their own refund, returns and cancellation policy. The Seller will comply with the all e-commerce regulations in this regard.
All returns or refund requests will be dealt with directly between the Seller and their Customer through the Customer and Seller Dashboard, If the customer wishes to request a refund or return of the item, they will contact the Seller directly through the Support section on the Vendors dashboard. Please note: Should a sale be cancelled/refunded WicklowMarketplace (the Site) are not required to return commissions and/or fees deducted at the point of sale, and all payment gateway charges remain the sole responsibility of the Seller.

Seller Misconduct
Failure to deliver the products to the customer or serious/repeated complaints against a Seller, may lead to WicklowMarketplace disabling the Seller Account.
21. You must post items purchased from you after receipt of payment in the time frame specified in the listing/shipping policy for the individual Seller unless you cannot authenticate the buyer’s identity in which case you must notify WicklowMarketplace by sending an email for support.
22. You must able to form a legally binding contract of sale to be a member of WicklowMarketplace. This restricts membership to those of 18 years of age or over unless you have the explicit permission of your parent or guardian who must supervise [and be ultimately responsible for] the account.
23. As a registered seller with Wicklow Marketplace we request that all members respect the integrity of the community and sellers on the website. Our list below is extended to but not limited to;

  • Alcohol, Tobacco, Drugs, Drug Paraphernalia, and Medical Drugs
  • Food, Drinks, Herbal Medications or any Edible Items
  • Animal Products and Human Remains
  • Dangerous Items: Hazardous Materials, Recalled Items, and Weapons
  • Hate Items: Items that Promote, Support, or Glorify Hatred
  • Illegal Items, Items Promoting Illegal Activity, and Highly Regulated Items
  • Internationally Regulated Items
  • Pornography and Mature Content
  • Violent Items: Items that Promote, Support, or Glorify Violence

 

Data and Privacy
WicklowMarketplace aim to follow and encourage best practice with use of personal data. In accordance with GDPR we don’t store your data, orders, addresses and payment gateways are PCI compliant. You must not collect information about users, including email addresses, without their express consent.
24. You must not hold multiple accounts in order to sell the same goods as this constitutes ‘spam’ and unfair manipulation of the WicklowMarketplace service.
25. You must not solicit for new business on WicklowMarketplace or use WicklowMarketplace.ie to send unsolicited communications except to ask or inform others about WicklowMarketplace business (items, postage etc.). Any such action will result in your account being deleted and possible action taken with your company or ISP (internet service provider).
26. You must agree to the terms of our Privacy Policy.

Changes to the Service
27. WicklowMarketplace retains the right to terminate or change the service for any reason at any time without notice.
28. WicklowMarketplace retains the right to modify the Terms of Use at any time. WicklowMarketplace will inform registered users by email and through the site communications of any changes to the Terms of Use.
29. WicklowMarketplace retains the right to refuse service to anyone at any time and to terminate accounts if in breach of the Terms of Use.

Marketing and Linking
30. WicklowMarketplace is to be primarily used as a platform for selling and with a personal URL to drive traffic to your market stall by promoting through your social media channels.
31. You agree to pay the fees set out in our Fees Policy.

Payments
32. All Sellers will be required to set up a Stripe Account when setting up their Seller account on www.WicklowMarketplace.ie This payment provider will fully facilitate and automate the purchase transaction from beginning to end. Payment information is never taken by us or transferred to us either through our website or otherwise. Our employees and contractors never have access to it.
Once a customer purchases an item, the Seller will immediately receive the balance of the purchase amount and shipping costs, less the commission fees and Stripe transaction fee. This will be instantly viewable by the Seller on his/her Stripe Dashboard. Payouts to the Sellers business account will also be automated through their Stripe account.
Transaction fees will be charged by Stripe at the point of sale and will be automatically deducted from the amount being deposited to the Seller Stripe Account.
The Seller shall be responsible for their own VAT charges, payments and all matters associated with VAT relating to the sale of their goods.

Policies

WicklowMarketplace seeks to promote legal activity and well behaved conduct on its site however, you understand and agree in using the site that WicklowMarketplace is a online “place” and is not responsible for the content posted on the site and that you may be exposed to content and behaviour that contravenes the above Terms and as such you use the WicklowMarketplace service at your own risk.  We’ve endeavoured to abide by the policies set out by the Digital Single Market, Directive EN 301 549, Accessibility requirements for ICT products and services.

Branding and Logo
34. Using the WicklowMarketplace logo
– We are passionate about building onto an already fantastic community of creatives in Wicklow by focusing on facilitation of services online. The WicklowMarketplace logo can be used to link in with and cross-promote your URL on WicklowMarketplace events, sellers, market stalls and the community. We can provide you with files and fonts for the framed logo and colours.
– The circular button logo is designed to be used explicitly on social media platforms.
– No distortion of the logo is permitted, by stretching changing fonts or colours unless permission is sought in advance of use.
– Ghosted (white) versions can be requested for usage on photos and websites

Disclaimer
WicklowMarketplace shall not be liable for any indirect or consequential loss, or for any direct or indirect loss of any kind, including loss of profit, data, opportunity or reputation, or any other incidental, punitive, special, exemplary loss or damage howsoever arising from the use of (or failure to use) or reliance on the Site.
This limit does not apply to any liability we may have for death, personal injury or resulting from any negligent or fraudulent misrepresentation or in any other manner in which we are not permitted to exclude liability under applicable law.
The disclaimer in this section shall not operate to exclude any term, warranty or liability that may not be excluded under Irish law.

 

GENERAL TERMS AND CONDITIONS

Supplemental terms and conditions or documents that may be posted on the Site 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 of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use 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 of Use by your continued use of the Site after the date such revised Terms of Use are posted.

The information provided on the Site 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. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site or use the Marketplace Offerings unless supervised by an Adult who is assuming legal responsibility for him/her.

 

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site and the Marketplace Offerings are our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws in Ireland, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site or the Marketplace Offerings and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

 

USER REPRESENTATIONS

By using the Site or the Marketplace Offerings, you represent and warrant that:(1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Site or the Marketplace Offerings through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site or the Marketplace Offerings will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

You may not use the Site or the Marketplace Offerings for any illegal or unauthorised purpose nor may you, in the use of Marketplace Offerings, violate any laws. Among unauthorized Marketplace Offerings are the following: intoxicants of any sort; illegal drugs or other illegal products; alcoholic beverages; games of chance; and pornography or graphic adult content, images, or other adult products. Postings of any unauthorized products or content may result in immediate termination of your account and a lifetime ban from use of the Site.

We are a service provider and make no representations as to the safety, effectiveness, adequacy, accuracy, availability, prices, ratings, reviews, or legality of any of the information contained on the Site or the Marketplace Offerings displayed or offered through the Site. You understand and agree that the content of the Site does not contain or constitute representations to be reasonably relied upon, and you agree to hold us harmless from any errors, omissions, or misrepresentations contained within the Site’s content. We do not endorse or recommend any Marketplace Offerings and the Site is provided for informational and advertising purposes only.  

 

ADDITIONAL GENERAL CONDITIONS

The Seller (Stallholder) shall be responsible for their own VAT charges, payments and all matters associated with VAT relating to the sale of their goods.

If you register membership as a business [as a sole trader or partnership] on WicklowMarketplace you must guarantee that you personally have the authority of the business to agree to the terms of use. In order to do this, you will need to have (a) a business registration number AND (b) Facebook or Instagram account or website.

These terms shall be governed by and interpreted in accordance with the law of Ireland and the EU.

You must not use WicklowMarketplace for any illegal or unauthorised purpose and you agree to comply with all ‘local’ laws regarding online conduct and acceptable content such as libel law and must comply with all local jurisdictions.

You must not breach any laws, sell any counterfeit items or otherwise infringe the copyright, trademark or other rights of third parties.

You must not threaten, intimidate, harass or otherwise abuse any other WicklowMarketplace user.

You are responsible for maintaining that the content you submit is your own and is not owned by others.

You are solely responsible for your behaviour and conduct on WicklowMarketplace.ie including use of all content and data including images [graphics and photos], audio and video clips, links and text [such as conversations] that you post to the WicklowMarketplace.ie website.

You must not modify or adapt or ‘hack’ WicklowMarketplace.ie or seek to create another website or communication to users that implies it is associated to WicklowMarketplace.ie

You must not produce unwanted communications [spam] to other users of WicklowMarketplace.ie in accordance with GDPR laws.

You are responsible for keeping your password secure.

You must not transmit or seek to transmit any viruses or worms or any code that seeks to alter the behaviour of the WicklowMarketplace.ie site or that is in any way destructive. 

 

BRANDING AND LOGO

Using the WicklowMarketplace logo.

We are passionate about building onto an already fantastic community of creatives in Wicklow by focusing on facilitation of services online. The WicklowMarketplace logo can be used to link in with and cross-promote your URL on WicklowMarketplace events, sellers, market stalls and the community. We can provide you with files and fonts for the framed logo and colours.

The circular button logo is designed to be used explicitly on social media platforms.

No distortion of the logo is permitted, by stretching changing fonts or colours unless permission is sought in advance of use.

Ghosted (white) versions can be requested for usage on photos and websites

 

LIABLITY

Under no circumstances will WicklowMarketplace be liable for any of the following losses or damage (whether such losses where foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from the use of WicklowMarketplace regardless of the form of action.

 

USER REGISTRATION

You may be required to register with the Site in order to access the Marketplace Offerings. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

 

MARKETPLACE OFFERINGS

We make every effort to display as accurately as possible the colours, features, specifications, and details of the Marketplace Offerings available on the Site. However, we do not guarantee that the colours, features, specifications, and details of the Marketplace Offerings will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colours and details of the products. We reserve the right to limit product uploads to 50 per seller, to give all stallholders a fair advantage on the website, this may be reviewed after one year. All Marketplace Offerings are subject to availability, and we cannot guarantee that Marketplace Offerings will be in stock. Certain Marketplace Offerings may be available exclusively online through the Site. Such Marketplace Offerings may have limited quantities and are subject to return or exchange only according to our Return Policy.

We reserve the right to limit the quantities of the Marketplace Offerings offered or available on the Site. All descriptions or pricing of the Marketplace Offerings are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any Marketplace Offerings at any time for any reason. We do not warrant that the quality of any of the Marketplace Offerings purchased by you will meet your expectations or that any errors in the Site will be corrected.

The Seller/Stallholder must not list prohibited items for sale or viewing, for a list of such items please refer to our ‘prohibited items’ list. WicklowMarketplace reserves the right to change this list at any time and without notice.

If the Seller/Stallholder seeks to sell products, then all goods sold as “handcrafted” must be deemed not to have been produced through “mass production” methods and must be the original design or produce of the seller. See ‘What can I sell’ on WicklowMarketplace for our policy on what is allowed for sale.

 

PURCHASES AND PAYMENT

All payments made on the Website are processed by a third party payment handler, STRIP, a registered online payments gateway company which provides services for the issuing, use and management of electronic payments (“Payment Service “). PCI compliant (https://stripe.com/ie/guides/pci-compliance)

In Order to buy and sell Products advertised on a Stallholder’s Shop, Stallholders must register and create an account with Stripe Payment Service.

By having an account, Stallholders also agree to be bound by the Terms and Conditions of this Payment Service, at https://stripe.com/payment-terms/legal

In the event of any conflict between the Terms and Conditions of the Payment Service on the one hand, and these Terms of Use and/or the Terms of Use for our Customers and Stallholders/Craftspersons on the other, the latter will take precedence, with the exception of where applicable law demands the application of the Terms and Conditions of the Payment Service.

The Payment Service (STRIPE) is solely responsible for these transactions.

The Stallholder (Seller) agrees to provide current, complete, and accurate purchase and account information for all purchases of the Marketplace Offerings made via your Stallholder Shop on the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we(you) can complete your transactions and we can contact you as needed. Sales tax is the responsibility of each Stallholder on www.wicklowmarketplace.ie . All payments shall be in Euros.

The Customer agrees to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us (and The Stallholder) to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. (See individual Stallholder Shop Policies)

Any order placed through the Site in the individual Stallholder’s Shop, is at the sole discretion of the Stallholder, they may limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. The Stallholder reserves the right to limit or prohibit orders that, in their sole judgment, appear to be placed by dealers, resellers, or distributors.

The Stallholder agrees to pay all payment gateway fees (at the advertised price of the product then in effect) for the customer’s purchases, together with any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

All Sellers will be required to set up a Stripe Account when setting up their Stallholder account on WicklowMarketplace.

This payment provider will fully facilitate and automate the purchase transaction from beginning to end. Payment information is never taken by us or transferred to us either through our website or otherwise.  Our employees, contractors, Stallholders or Customers do not have access to any credit/debit card information at any time.

Once a customer purchases an item that is thereafter confirmed as a verified sale by the Stallholder, the Seller’s STRIPE account will immediately receive the balance of the purchase amount and shipping costs, less any commission fees paid to WicklowMarketplace and less any Stripe transaction fees paid to STRIPE (our payment gateway provider). This will be instantly viewable by the Seller on his/her Stripe Dashboard. Pay-outs to the Seller’s business account will also be automated through their Stripe account. As mentioned above, transaction fees will be charged by Stripe at the point of sale and will be automatically deducted from the amount being deposited to the Seller Stripe Account.

The Seller shall be responsible for their own VAT charges, if any, & VAT payments, and all matters associated with VAT relating to the sale of their goods.

Prices advertised on the website must include VAT, as/if applicable.

For sake of clarity: a mutually pre-agreed commission charge may be deducted from the sale price of the good(s) at the point of sale and paid directly into the Site Owner’s account, with the balance of this amount paid into the Sellers/Stallholder’s Stripe account less any payment gateway fees levied by the payment gateway provider. In the event of a sale being refunded by the Stallholder or otherwise (see below), any commission fees paid to the WicklowMarketplace (the Site) will not be required to be refunded to the Stallholder, and the Stallholder (the Seller) agrees to this as a condition of Use of this Site.

 

RETURN POLICY

Each Seller/Stallholder is responsible for creating their own refund, returns and cancellation policy and they are required to make this visible/available on their Stallholder page. The Seller/Stallholder will comply with all Irish e-commerce regulations, and EU Distance Selling regulations, in this regard.

Please review our Stallholder’s Returns Policy(s) posted on their specific Stalls prior to making any purchases.  The Customer agrees to be bound to these individual Stallholder policies, pertaining to the particular Stallholder’s Return policy conditions for the proper and correct return of products sold on this Site.

Wicklow Marketplace and/or the owners of the Site do not have any involvement in managing or organising any Return or Return Requests from any customers. The operation and communication of any Return Requests or Return of goods purchased through this Site shall be exclusively between the customer and the Stallholder.

If the customer wishes to request a refund or return of the item, they should contact the Seller directly through the Support section on the Vendors dashboard, or directly via (e.g.) email.

If a Product is accepted for Return by a Stallholder, Wicklow Marketplace are not at liberty to return any commission or fees to the Seller, and all payment processing/gateway charges for both Sales and the Return of Sales are the sole responsibility of the Seller.

 

PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

  1. Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  2. Make any unauthorized use of the Marketplace Offerings, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
  3. Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
  4. Engage in unauthorized framing of or linking to the Site.
  5. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
  6. Make improper use of our support services or submit false reports of abuse or misconduct.
  7. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  8. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
  9. Attempt to impersonate another user or person or use the username of another user.
  10. Sell or otherwise transfer your profile.
  11. Use any information obtained from the Site in order to harass, abuse, or harm another person.
  12. Use the Marketplace Offerings as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavour or commercial enterprise.
  13. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
  14. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
  15. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Marketplace Offerings to you.
  16. Delete the copyright or other proprietary rights notice from any Content.
  17. Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  18. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Marketplace Offerings.
  19. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
  20. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
  21. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
  22. Use the Site in a manner inconsistent with any applicable laws or regulations.

 

USER GENERATED CONTRIBUTIONS

The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Site and the Marketplace Offerings and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

  1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
    2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
    3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
    4. Your Contributions are not false, inaccurate, or misleading.
    5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
    6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by us).
    7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
    8. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
    9. Your Contributions do not violate any applicable law, regulation, or rule.
    10. Your Contributions do not violate the privacy or publicity rights of any third party.
    11. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
    12. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
    13. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical disability.
    14. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

 

Any use of the Site or the Marketplace Offerings in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site and the Marketplace Offerings.

 

CONTRIBUTION LICENSE

By posting your Contributions to any part of the Site or making Contributions accessible to the Site by linking your account from the Site to any of your social networking accounts, 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, sell, resell, 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 authorize sublicenses 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 Site. You are solely responsible for your Contributions to the Site 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, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

 

GUIDELINES FOR REVIEWS

We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have first-hand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.

We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.

 

SOCIAL MEDIA

As part of the functionality of the Site, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Site; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Site. You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site. You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.

 

DATA PRIVACY

WicklowMarketplace aims to follow and encourage best practice for use of personal data.

When a customer places an order on the Site, he/she is agreeing to have their personal data used for this exact purpose, i.e., in order to effect the sale and have the goods delivered to their designated address.

In accordance with GDPR we do not store your data, (orders or addresses etc.), for any purpose other than to process your orders, and keep a proper record of sale etc.  Our STRIPE payment gateway(s) is PCI compliant and no debit/credit card information is stored on our servers or locally.

The Site is protected by SSL encryption, and all data transmitted to/from the Site to/from your browser or Device is encrypted.

A user can request to have his/her data remove from our database any anytime.

Sellers must not collect information about users, including email addresses, without their express prior consent. e.g., A binding order to make a sale through the Site, agreeing with our, and the Seller’s, T&Cs.

 

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site or the Marketplace Offerings (“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.

 

THIRD-PARTY WEBSITES AND CONTENT

The Site may contain (or you may be sent via the Site or the Marketplace Offerings) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

 

SITE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (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; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and the Marketplace Offerings.

 

PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy.  By using the Site or the Marketplace Offerings, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Site and the Marketplace Offerings are hosted in Ireland. If you access the Site or the Marketplace Offerings from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Ireland, then through your continued use of the Site, you are transferring your data to Ireland, and you agree to have your data transferred to and processed in Ireland.

 

TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE AND THE MARKETPLACE OFFERINGS (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 OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE AND THE MARKETPLACE OFFERINGS 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.

 

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Marketplace Offerings without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site or the Marketplace Offerings.

We cannot guarantee the Site and the Marketplace Offerings will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site or the Marketplace Offerings at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or the Marketplace Offerings during any downtime or discontinuance of the Site or the Marketplace Offerings. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or the Marketplace Offerings or to supply any corrections, updates, or releases in connection therewith.

 

GOVERNING LAW

These conditions are governed by and interpreted following the laws of Ireland, and the use of the United Nations Convention of Contracts for the International Sales of Goods is expressly excluded. If your habitual residence is in the EU, and you are a consumer, you additionally possess the protection provided to you by obligatory provisions of the law in your country to residence. Wicklow Market Place, the Seller (Stallholder) and the customer all agree to submit to the exclusive jurisdiction of the courts of Ireland, which means that you may make a claim to defend your consumer protection rights in regard to these Conditions of Use in Ireland.

 

DISPUTE RESOLUTION

All parties involved in the use of this Site agrees that any disputes will be handled, in the first instance, through discussions between all parties and by mutual agreement. Recourse to arbitration shall be through the Irish courts system, and only after all informal attempts to resolve the issue(s) have taken place.

The European Commission provides an online dispute resolution platform, which you can access here: https://ec.europa.eu/consumers/odr. If you would like to bring this subject to our attention, please contact us.

 

CORRECTIONS

There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Marketplace Offerings, 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 Site at any time, without prior notice.

 

DISCLAIMER

THE SITE AND THE MARKETPLACE OFFERINGS ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND THE MARKETPLACE OFFERINGS AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE OR THE MARKETPLACE OFFERINGS, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

WicklowMarketplace shall not be liable for any indirect or consequential loss, or for any direct or indirect loss of any kind, including loss of profit, data, opportunity or reputation, or any other incidental, punitive, special, exemplary loss or damage howsoever arising from the use of (or failure to use) or reliance on the Site.

This limit does not apply to any liability we may have for death, personal injury or resulting from any negligent or fraudulent misrepresentation or in any other manner in which we are not permitted to exclude liability under applicable law.

The disclaimer in this section shall not operate to exclude any term, warranty or liability that may not be excluded under Irish law.

 

LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE OR THE MARKETPLACE OFFERINGS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Marketplace Offerings; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site or the Marketplace Offerings with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

 

USER DATA

We will maintain certain data that you transmit to the Site for the purpose of operating the Site, managing the performance of the Marketplace Offerings, as well as data relating to your use of the Marketplace Offerings.

Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Marketplace Offerings. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

 

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

 

MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Marketplace Offerings constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Marketplace Offerings. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

 

CONTACT US

In order to resolve a complaint regarding the Site or the Marketplace Offerings or to receive further information regarding use of the Site or the Marketplace Offerings, please contact us at: info@wicklowmarketplace.ie