1.1 These terms and conditions shall govern your use of Marketa.
1.2 By using our Website or Mobile Application (also known as "Properties"), you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our Properties.
1.3 If you register with our Properties, submit any material to our properties or use any of our Property's list of services, we will ask you to expressly agree to these terms and conditions.
1.4 You must be at least  years of age to use our Properties; and by using our Properties or agreeing to these terms and conditions, you warrant and represent to us that you are at least  years of age.
2.1 Copyright (c) 2016, Agora Technologies Inc.
2.2 Subject to the express provisions of these terms and conditions:
(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our properties and the material on our properties; and
(b) all the copyright and other intellectual property rights in our properties and the material on our properties are reserved.
3.Rights of Use of Marketa Website or Mobile Application
3.1 You may:
(a) View pages from our Properties in a Web / Mobile browser or via our Mobile Application;
(b) Download pages from our properties for caching in a web browser;
(c) Print pages from our properties;
subject to the other provisions of these terms and conditions.
3.2 Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our properties or save any such material to your computer.
3.3 You may only use our properties for the consumption of Marketa Services that are being offered, and you must not use our properties for any other purposes.
3.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our properties.
3.5 Unless you own or control the relevant rights in the material, you must not:
(a) Republish material from our properties (including republication on another website or mobile application);
(b) Sell, Rent or Sub-license material from our properties;
(c) Show any material from our properties in public without written consent from Marketa;
(d) Exploit material from our properties for a commercial purpose; or
(e) Redistribute material from our properties.
3.6 Notwithstanding Section 3.5, you may redistribute [our newsletter] in [print and electronic form] to [any person].
3.7 We reserve the right to restrict access to areas of our properties, or indeed our whole website or mobile application, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our properties.
4.Acceptable Use Policy
4.1 You must not:
(a) Use our properties in any way or take any action that causes, or may cause, damage to our properties or impairment of the performance, availability or accessibility of our properties;
(b) Use our properties in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) Use our properties to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d) Conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our properties without our express written consent;
(e) Access or otherwise interact with our properties using any robot, spider or other automated means;
(f) Violate the directives set out in the robots.txt file for our properties; or
(g) Use data collected from our properties for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
4.2 You must not use data collected from our properties to contact individuals, companies or other persons or entities.
4.3 You must ensure that all the information you supply to us through our properties, or in relation to registration process, is true, accurate, current, complete and non-misleading.
5.Marketa Account Registration
5.1 To be eligible for buyer account on our properties under this Section 5, you must be at least 18 years of age.
5.2 You may register for a buyer account with our properties by either of the following:
● Sign up on our registration forms located in our properties.
● By doing a Guest Checkout Purchase and setting up your password at the confirmation page.
● By Downloading our Mobile Application.
● By completing the verification process either through email or mobile link authentication
5.3 You must not allow any other person to use your buyer account to access our properties.
5.4 You must notify us in writing, email or submitting a support ticket immediately if you become aware of any unauthorised use of your account.
5.5 You must not use any other person's account to access our properties, unless you have that person's express permission to do so.
6.1 If you register for a Marketa buyer account with our properties, you will be asked to enrol a preferred username and password.
6.2 Your username must not be liable to mislead and must comply with the content rules set out in Section 9; you must not use your account or username for or in connection with the impersonation of any person.
6.3 You must keep your password absolutely confidential at all times.
6.4 You must notify us in writing immediately if you become aware of any disclosure of your password.
6.5 You are responsible for any activity on our properties arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
7.Marketa Risk Action (Buyer Account Cancellation and Suspension)
7.1 Marketa's Risk Team, may apply the following risk action:
(a) Suspend or Cancel or Buyer Account
(b) Edit or Update your Account Details or information (except for Account Passwords)
at any time in our sole discretion without notice or explanation.
7.2 You may request for the suspension or cancellation of your account on our properties.
8.User Generated Content License
8.1 It is acknowledge, as a Marketa Buyer, you will be given an opportunity to provide content by contributing feedback to Marketa Sellers or any other Marketa Services that involves you providing any other information for the consumption of the given Marketa service. In these terms and conditions, "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our properties for storage or publication on, processing by, or transmission via, our properties.
8.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media / reproduce, store and publish your content on and in relation to our properties and any successor website / reproduce, store and, with your specific consent, publish your content on and in relation to our properties.
8.3 You grant to us the right to sub-license the rights licensed under Section 8.2.
8.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 8.2.
8.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
8.6 You may edit your content to the extent permitted using the editing functionality made available on our properties.
8.7 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublished or edit any or all of your content.
9.Buyer Content Rules
9.1 You warrant and represent that your content will comply with these terms and conditions.
9.2 Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
9.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:
(a) Be libellous or maliciously false;
(b) Be obscene or indecent;
(c) Infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
(d) Infringe any right of confidence, right of privacy or right under data protection legislation;
(e) Constitute negligent advice or contain any negligent statement;
(f) Constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
(g) Be in contempt of any court, or in breach of any court order;
(h) Be in breach of racial or religious hatred or discrimination legislation;
(i) Be blasphemous;
(j) Be in breach of official secrets legislation;
(k) Be in breach of any contractual obligation owed to any person;
(l) May depict violence in an explicit, graphic or gratuitous manner;
(m) May be pornographic, suggestive or sexually explicit;
(n) May be untrue, false, inaccurate or misleading;
(o) May consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
(p) May constitute spam;
(q) Be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
(r) Be a cause of annoyance, inconvenience or needless anxiety to any person.
10.1 We do not warrant or represent:
(a) The completeness or accuracy of the information published on our properties especially from Marketa's Sellers;
(b) That the material on the properties is up to date; or
(c) That the properties or any service on the properties will remain available.
10.2 We reserve the right to discontinue or alter any or all of our properties' services, and to stop publishing our properties, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any properties' services, or if we stop publishing to our properties.
10.3 To the maximum extent permitted by applicable law and subject to Section 11.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our properties and the use of our properties.
11.Liability Exclusions and Limitations
11.1 Nothing in a contract under these terms and conditions will:
(a) Limit or exclude any liability for death or personal injury resulting from negligence;
(b) Limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) Limit any liabilities in any way that is not permitted under applicable law; or
(d) Exclude any liabilities that may not be excluded under applicable law.
11.2 The limitations and exclusions of liability set out in this Section 11 and elsewhere in a contract under these terms and conditions:
(a) Are subject to Section 11.1; and
(b) Govern all liabilities arising under that contract or relating to the subject matter of that contract, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in that contract.
11.3 To the extent that our properties and the information and services on our properties are provided free of charge, we will not be liable for any loss or damage of any nature.
11.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
11.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
11.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.
11.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
11.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with our properties or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
12.Breach of Terms and Conditions
12.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) Send you one or more formal warnings;
(b) Temporarily suspend your access to our properties;
(c) Permanently prohibit you from accessing our properties;
(d) Block computers using your IP address from accessing our properties;
(e) Contact any or all of your internet service providers and request that they block your access to our properties;
(f) Commence legal action against you, whether for breach of contract or otherwise; and/or
(g) Suspend or delete your account on our properties.
12.2 Where we suspend or prohibit or block your access to our properties or a part of our properties, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
13.Amendments and Revision
13.1 We may revise these Buyer terms and conditions from time to time.
13.2 The revised terms and conditions shall apply to the use of our properties from the date of publication of the revised terms and conditions on the properties, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions. We will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of our properties from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using our properties.
13.3 If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on our properties, and you must stop using our properties.
14.Marketa Assignment of Rights
14.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
14.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
15.1 If a provision of a contract under these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
15.2 If any unlawful and/or unenforceable provision of a contract under these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
16.Rights of Third Party
16.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
16.2 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
Subject to Section 11.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our properties and shall supersede all previous agreements between you and us in relation to your use of our properties.
18.Law and Jurisdiction
18.1 A contract under these terms and conditions shall be governed by and construed in accordance with the Philippine Laws.
18.2 In any and all circumstances, the parties shall assist each other with fairness, equity and efficiency in overcoming their difficulties for the satisfactory performance of this Agreement. All disputes, controversies, or differences, which may arise between the parties in relation to or in connection with this agreement, shall be settled amicably. Should the parties not come to an amicable settlement, a dispute arising out of or in connection with this agreement, including any questions regarding its existence, validity or termination shall be referred to and finally settled by way of Arbitration following the procedures as enunciated in either Republic Act No. 876 or Republic Act No. 9285.
19.1 We are registered in the Philippine Securities and Exchange Commission; and our registration number is CS201507869
19.2 Our BIR Registration Number is 009-014-902.
20.1 This website and mobile application is owned and operated by Agora Technologies Inc.
20.2 Our principal place of business is at 2/F CBC Corporate Center 724 Shaw Blvd., Wack Wack Mandaluyong City 1552 Philippines
20.3 You can contact us by writing to the business address given above, by using our website contact form, by email to email@example.com, chat or by telephone on +632-2324607