Terms of Use


  1. Your acceptance of these Terms

  2. These terms of use (Terms) apply to the access and use of this website (Website). In accessing or using the Website, you agree to be bound by these Terms, our Privacy Policy, our Cookie Policy and any other terms and conditions that are made available to you by us from time to time. If you do not accept all of these terms, then you must refrain from accessing or using the Website. These Terms prevail to the extent of any inconsistency with any other applicable terms. We recommend that you print a copy of these terms for future reference.


  3. Terminology

  4. The expressions "we", "us", "our" and "Marketmein" are a reference to Marketmein Pty Ltd in Australia, Marketmein LLC in the United States, Marketmein Ltd in the United Kingdom and Marketmein Limited in Hong Kong.

    The expressions "you" and "your" refer to each and every individual who accesses or uses the Website.


  5. about the website

  6. Marketmein.com is an online marketplace that connects third party vendors (Sellers) with third party purchasers (Buyers). We aim to provide a safe trading environment in which Buyers and Sellers transact through the Website. We may make advertisements, offers of goods or services, information, links and other material supplied to us from third parties (Content) available on the Website. We are not a party to agreements to buy or sell goods or services that you may make with other users of the Website. We have no involvement in the terms of, or fulfilment of obligations under, such agreements. These Terms do not govern your rights and obligations under such agreements.

    We have no control over, and do not (as is more fully set out below in section 14 ("Our liability is limited"), and to the extent permitted by law) make any guarantees or warranties in respect of, goods or services sold through the Website. It is your responsibility to understand your rights and obligations in relation to any activities you may engage in with third parties through, or as a result of, the Website


  7. registered users

  8. You must become a registered user of this Website in order to buy or sell any goods or services. To become a registered user, you must complete your registration details in the manner described on the Website.

    You agree to ensure that your registration details are true and accurate at all times, including by promptly updating your registration details where necessary.

    Upon registration, you will be provided with a password and user ID. Registered users are able to have more than one active user accounts at any one time, and you must not transfer or assign your user accounts to any other person without our written consent. You must not disclose your user ID, password or other log in information to any person. If you suspect or become aware of any unauthorized use of your member account, please contact us.

    Marketmein recommends that members choose strong passwords to ensure the security of their user account.

    If applicable, you agree to pay for our services in the manner specified on this Website.


  9. goods and services provided by third parties

  10. If goods and services are offered on or through the Website by Sellers:


    1. you are responsible for making all relevant enquiries and investigations in relation to any good or service;

    2. we do not act as any person's agent or broker, arrange any contract between any users, or provide any warranty in relation to goods or services offered through this Website; and

    3. we are not responsible for the terms of, or the fulfilment of obligations under, any transaction between you and any person, including resolving any dispute between you and any person.


    We may also run advertisements and promotions from third parties on the Website. Any dealings or communications you have with such third parties other than us, and any terms, conditions, warranties or representations associated with such dealings or communications, are solely between you and such third party. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third party advertisers on the Website.


  11. Your Access and communication

  12. You must ensure that your access to, and use of, the Website is not illegal or prohibited by any laws that might apply to you. Further, you will comply with all applicable laws, regulations and guidance applicable to you in connection with your access to, and use, of the Website.

    While we use reasonable efforts to ensure the integrity of this Website, we do not and cannot guarantee that your use of this Website will be error free or uninterrupted. We may suspend, withdraw or restrict the availability of the Website (in full or in part) as necessary for business, security, maintenance or operational reasons. We will try to give you reasonable notice of any such suspension or withdrawal.

    Further, we cannot guarantee the delivery, safety or security of communications over the Internet, this Website or your computer systems. This Website is provided on an "as is", "as available" and "with all faults" basis and we cannot guarantee that any information contained on this Website is complete, current or free of errors.

    The Internet is an insecure public network, and there is a risk that your transactions are being viewed, intercepted or modified by third parties or that files which you download may contain computer viruses, disabling codes, worms or other devices or defects. Accordingly, any information which you transmit to us is transmitted at your own risk. You must take your own precautions to ensure that the process which you employ for accessing this Website does not expose you to the risk of computer viruses, disabling codes, worms or other devices or defects which may damage your own computer system or otherwise compromise your online security. We do not accept responsibility or liability of any nature for any such losses, interference or damage which you may sustain as a result of your use of this Website or any linked website.

    We do not accept responsibility for any interference or damage to your own computer system which arises in connection with your access to, or use of, this Website.


  13. seller obligations

  14. 7.1

    If you are a Seller, you agree to comply with:


    1. The Seller Conduct Rules and the Terms of Use on the Marketmein Website.

    2. all laws, regulations and guidance that apply to you in respect of the Website, and any transactions you conduct through it.


  15. user submitted material

  16. Any information, communication or material which you or other members submit, create, upload or otherwise contribute to the Website (Submitted Material) must comply with these Terms and all other applicable terms.

    We are not responsible for the accuracy, completeness or suitability of any Submitted Material, and you need to take care and make all reasonable enquiries (including ensuring the currency of that information) before relying on or making decisions in reliance on Submitted Material. We do not produce, edit, approve or promote any Submitted Material. We have the right (but not the obligation) to review and immediately remove any Submitted Material for any reason, including if we consider (in our sole discretion) that Submitted Material to be abusive, defamatory, in violation of any third party intellectual property rights, in contravention of any law or otherwise unacceptable (Submitted Material Standards).

    By contributing any Submitted Material, you acknowledge and agree that:


    1. we do not guarantee that any Submitted Material will be protected against loss, misuse or unauthorised alteration by third parties;

    2. we may review that Submitted Material and we may determine, in our absolute discretion, not to post that content on the Website for any reason;

    3. we do not warrant that the Submitted Material will ever be published on the Website, nor do we warrant that any content will be posted within a certain timeframe;

    4. we are not responsible or liable for your Submitted Material, and we do not accept any responsibility for any use or misuse which you or any other users of this Website make of your Submitted Material; of your Submitted Material may be posted on the Website for the public to view;

    5. any of your Submitted Material that does not constitute personal information (as defined in our Privacy Policy) will be provided on a non-confidential and non-proprietary basis. In particular, you agree that you grant us the limited licence described in section 9.2 to use, store, copy and make available to third parties the content in any of your Submitted Material; and

    6. you warrant that the Submitted Materials do not violate the Submitted Material Standards, and you will be responsible to compensate us for any loss or damage we may suffer as a result of such breach.


  17. prohibited uses

  18. In your use of and access to this Website, you must not:


    1. breach or circumvent any laws, third party rights (including intellectual property rights) or terms applicable to you;

    2. engage in any fraudulent activity;

    3. modify, adapt, sell or reverse engineer any part of the Website;

    4. post false, inaccurate, misleading, deceptive, defamatory, or libelous content;

    5. distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;

    6. access or attempt to access this Website from any jurisdiction which may be geoblocked from your location from time to time;

    7. knowingly engage in malicious or technologically harmful activity that could compromise the integrity of the Website, such as introducing viruses, attempting to gain unauthorised access to the Website and/or our systems or attacking our Website and/or systems through a denial-of-service attack;

    8. harvest or otherwise collect information about users without their consent;

    9. be under 18 year old;

    10. advertise, or solicit, any user to buy or sell any products or services, unless authorised by us;

    11. create or compile, directly or indirectly, any collection, compilation, database or directory from the Website content;

    12. access the Website using a third-party's account/registration without the express consent of the account holder;

    13. use the Website in any manner that could interfere with any other party's use and enjoyment of the Website;

    14. use the Website as part of an effort to compete with us;

    15. delete the copyright or other proprietary rights notice from any content or any portion of the Website;

    16. use the Website for any illegal purposes including but not limited to identity fraud or credit card fraud;

    17. breach any user membership restrictions outlined in section 4 above;

    18. license, sell and/or otherwise provide access to and/or use of the Website to any third party, including without limitation for purposes of building a competitive product and/or service;

    19. post false, inaccurate, misleading, deceptive, defamatory or libellous content;

    20. use our Website if you are not able to form legally binding contracts or are suspended from using our Website;

    21. fail to pay for items you purchase, unless you have a valid reason; or

    22. infringe the intellectual property of any third party.


  19. Licences

  20. 10.1

    Licence by us

    We grant you a non-exclusive and non-transferable licence to use the Website exclusively for your own personal use and subject to your compliance with these Terms (and all other applicable terms). Such licence will be automatically suspended or terminated upon the suspension or termination of your user account of the Website for any reason.

    You are authorised to print a copy of any information contained on the Website for your own personal use, unless such printing is expressly prohibited. You must not on-sell or resupply information obtained from the Website for commercial purposes.

    10.2

    Licence by you

    By submitting, posing, creating, uploading or otherwise contributing Submitted Material to the Website, you grant us a non-exclusive, perpetual, irrevocable, worldwide, sub-licensable, transferable and royalty-free licence to exercise any and all copyright, trade mark and other intellectual property rights in Submitted Material. You warrant that you have the right to submit any Submitted Material and that the material does not infringe any rights of any third party or at law. To the extent that you have any moral rights in relation to any Submitted Material, you hereby irrevocably and unconditionally consent to any amendment of the intellectual property in any manner by us (and our successors and assigns) for the purposes of the our business without further reference to you.


  21. Payments

  22. We use Stripe as our service provider for payment services (acting as a payment facilitator and/or escrow agent for transactions between Buyers and Sellers). By using this Website, you agree to be bound by the Stripe terms and conditions, which are located at:

    https://stripe.com/au, https://stripe.com/us, https://stripe.com/hk, https://stripe.com/gb

    You may be asked to provide us with a credit card number from a card issuer or other payment information that we accept in order to activate and/or pay for any fees related to the Service. We may seek pre-authorization of your credit card or other payment information prior to a purchase to verify that the credit card or payment information is valid and/or has the necessary funds or credit available to cover your purchase. These pre-authorizations will reduce your available balance by the authorization amount until it is released or reconciled with the actual charge. Please contact your card issuer if you have additional questions regarding when an authorization amount will be removed from your statement.

    If at any point we collect credit card billing information, said data will be transferred using techniques considered commonplace by our processing partner(s). Credit card information will be treated as ephemeral data by us and will solely be stored by our partner(s) in use at the time of the transaction. Credit card information will only be stored if elected by the user either at time of the transaction or at any given time the user makes the decision to associate a payment method with their account.

    All payments must be made by VISA, MasterCard, Discover, and American Express. Your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not this Terms of Use to determine your rights and liabilities as a cardholder. YOU, AND NOT MARKETMEIN, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with your purchases and services (including any applicable taxes) at the rates/prices/fees in effect when the charges were incurred. If we do not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by Marketmein or its agents.

    We shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we agree to immediately issue a credit to your credit card account in the amount of the charge.

    OUR REFUND POLICY

    Unless prohibited by law, in the event that we are found responsible for any error in your order or the amount you were charged, you are entitled to a credit, provided it is brought to our attention within 30 days of your order date. If you do not raise the issue within 30 days of your order date, you waive the ability to receive a credit for any error.


  23. linked websites

  24. The Website may contain links to other websites. Those links are provided for convenience only. They might not be maintained and their content might not be current. We are not responsible for the content or privacy practices associated with linked websites.

    Links to any such websites on the Website should not be construed as an endorsement, approval or recommendation by us of that website or any content contained therein.


  25. We may change these Terms

  26. The information and material on this Website and all terms that govern your use of the Website (including these Terms and the Privacy Policy) are subject to change from time to time.

    Any such amendments are effective immediately upon publication on the Website. We will try to give reasonable notice of any major changes, but you agree that it is your responsibility to check the Website regularly for amendments to ensure that you understand the terms that apply at that time. Your continued use of the Website following such publication will represent an agreement by you to be bound by those terms as amended.


  27. Our liability is limited

  28. 14.1

    For users in Australia only

    Neither we, our affiliates, directors, officers, employees, agents, contractors, successors or assigns will be liable for any damages, costs, loss or liability arising or in any way related to your use of the Website (including in relation to Submitted Information) and/or any other site linked to this Website. We are not liable for any loss or corruption of electronically stored data or any damage to any computer system sustained in connection with the use of this Website (unless it was directly and solely caused by us). We are also not liable for any failure to comply with these Terms where that failure is due to circumstances beyond our reasonable control.

    Except as otherwise stipulated in these Terms, this limitation applies to all and any direct, indirect, consequential, special, exemplary, punitive or other damages or liability that you or others may suffer, as well as damages for loss of profits or revenue, legal costs, loss of use, business interruption, loss of information or data and whether arising in contract, under statute, tort or otherwise in respect of any failure or omission on our part to comply with our obligations as set out in these Terms (or any other applicable terms).

    To the extent permitted by law, any condition or warranty which would otherwise be implied into these Terms is hereby excluded. If legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following:


    1. if the breach relates to goods:

      1. the replacement of the goods or the supply of equivalent goods;

      2. the repair of such goods;

      3. the payment of the cost of replacing the goods or of acquiring equivalent goods; or

      4. the payment of the cost of having the goods repaired.


    2. if the breach relates to services:


      1. the supplying of the services again; or

      2. the payment of the cost of having the services supplied again,


      and if item (i) or (ii) is not permitted under applicable legislation, to the maximum extent permitted by applicable legislation.


    Otherwise, we limit any and all of our liability to AUD$100.

    You indemnify us against any breaches of these Terms (or any other applicable terms) by you.

    You indemnify us and our affiliates, directors, officers, employees, agents, contractors, successors and assigns against all actions, claims and demands (including the cost of defending or settling any action, claim or demand) which may be instituted against us arising out of a failure by you (or by any person using your user ID or password, whether or not you have authorised that person to use that user ID or password) to comply with these Terms and all other applicable terms.


    14.2

    For users in the UK only

    We (and our affiliates, directors, officers, employees, agents, contractors, or anyone who takes over the Website from us) will not be responsible to you for any loss or damage which arise from your use or inability to use the Website, or any other content (including the Submitted Materials) or sites linked to the Website.

    In particular, we will not be responsible for:


    1. any losses not reasonably foreseeable by either you or us at the date of you accepting these Terms;

    2. any losses which were not caused by us breaking these Terms;

    3. any business loss (including, but not limited to, loss of profits, revenue, opportunity, goodwill, information, data);

    4. your legal costs;

    5. business interruption;

    6. loss or corruption of electronically stored data; and

    7. damage to any computer system sustained in connection with the use of this Website,


    however the losses arise, whether in contract, tort (including negligence), breach of statutory duty, or otherwise.

    Notwithstanding the above, if we are found responsible, our liability will be limited to one or more of the following:


    1. if we are providing goods:

      1. replacing the goods or supplying equivalent goods;

      2. repairing such goods;

      3. the cost of replacing the goods or of acquiring equivalent goods; or

      4. the cost of having the goods repaired.


    2. if we are providing services:


      1. supplying of the services again; or

      2. the cost of having the services supplied again,


      Otherwise, we limit any and all of our liability to £100.

      We do not limit our responsibilities for fraudulent misrepresentation, for death or personal injury caused by the negligence of us, or for breach of your legal rights in relation to the goods or the services.

      You agree to fully compensate us (and our affiliates, directors, officers, employees, agents, contractors, successors and assignees) for any losses or expenses which result from you (and all other applicable terms) by you (or by any person using your user ID or password, whether or not you have authorised that person to use that user ID or password) breaking these Terms (or any other applicable terms).


    14.3

    For users in the US only

    The Sellers are solely responsible for all goods or services sold. We do not very the credentials, representations, products, services, or prices offered by the Sellers, and do not guarantee the quality or fitness of the products or services, or that the Seller or Seller’s products or services comply with applicable laws. We shall not be liable or responsible for any products or services provided by Sellers that are a cause of injury or that are unacceptable or do not meet your expectations in any manner.

    You agree that you are using our Website and making use of our services at your own risk, and that they are being provided to you on as “AS IS” and “AS AVAILABLE” basis. Accordingly, to the extent allowed by law, we exclude all express or implied warranties, term and conditions, including without limitation, all implied warranties of merchantability, fitness of a particular purposes, and non-infringement.

    In no event shall we be liable to you for any indirect, special, incidental, or consequential damages, or any loss or damages whatsoever (even if we have been previously advised of the possibility of such damages), in a warranty, contract, or negligence action that in any manner arises out of or in connection with the use, inability to use, performance of, or services provided on or through the sites. We assume no responsibility and shall not be liable for any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, browsing of, or downloading of any material from the Website. We assume no responsibility or liability in any manner arising out of or in connection with any information, content, products, services, or material available on or through the sites, as well as any third party website pages or additional websites linked to this Website, for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, inaccuracy contained therein or harm to person or property caused thereby. In no event shall our total liability to you for all damages, losses and causes of action, whether in warranty, contract, or negligence exceed the amount greater than that paid by you to us in the past twelve months, or $100. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.

    We agree that the warranty disclaimers and limitations of liability in this Agreement are material, bargained-for bases of this Agreement, and that they have been taken into account in determining the consideration to be given by each party under this Agreement and in the decision by each party to enter into this Agreement. We agree that the warranty disclaimers and limitations of liability in these terms of use are fair and reasonable.

    You understand and agree that any dispute over privacy is subject to the terms of the Privacy Policyand these Terms, including, but not limited to, limitations on damages and mandatory mediation of disputes. You agree that our liability for any breach of the Privacy Policy is limited to the sum of $100, but only to the extent that such claim is not otherwise barred by the Agreement. Some jurisdictions do not allow for limited liability or exclusion of implied warranties. If these laws apply to you, then some or all of the above disclaimers, exclusions, or limitations might not apply to you, and you might have additional rights.

    If you are dissatisfied with the Website or do not agree to any provisions of these terms of use, your sole and exclusive remedy is to discontinue using the Website, except as may be otherwise provided for in this section.

    You agree to indemnify and hold us, including our affiliates and subsidiaries, and our and their officers, directors, employees, and agents, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this Agreement, your improper use of our services and/or Website, or your breach of any law or the rights of a third party.

    If you have a dispute with one or more users, you release us, and our affiliates and subsidiaries, and our and their officers, directors, employees and agents, from claims, demands and damages, both actual and consequential, of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release, you expressly waive any protections, whether statutory or otherwise, that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.


    14.4

    For users in the HK only

    The Sellers are solely responsible for all goods or services sold. We do not very the credentials, representations, products, services, or prices offered by the Sellers, and do not guarantee the quality or fitness of the products or services, or that the Seller or Seller’s products or services comply with applicable laws. We shall not be liable or responsible for any products or services provided by Sellers that are a cause of injury or that are unacceptable or do not meet your expectations in any manner.

    You agree that you are using our Website and making use of our services at your own risk, and that they are being provided to you on as “AS IS” and “AS AVAILABLE” basis. Accordingly, to the extent allowed by law, we exclude all express or implied warranties, term and conditions, including without limitation, all implied warranties of merchantability, fitness of a particular purposes, and non-infringement.

    In no event shall we be liable to you for any indirect, special, incidental, or consequential damages, or any loss or damages whatsoever (even if we have been previously advised of the possibility of such damages), in a warranty, contract, or negligence action that in any manner arises out of or in connection with the use, inability to use, performance of, or services provided on or through the sites. We assume no responsibility and shall not be liable for any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, browsing of, or downloading of any material from the Website. We assume no responsibility or liability in any manner arising out of or in connection with any information, content, products, services, or material available on or through the sites, as well as any third party website pages or additional websites linked to this Website, for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, inaccuracy contained therein or harm to person or property caused thereby. In no event shall our total liability to you for all damages, losses and causes of action, whether in warranty, contract, or negligence exceed the amount greater than that paid by you to us in the past twelve months, or HK$850.

    Because some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, such disclaimers and exclusions may not apply to you.

    You understand and agree that any dispute over privacy is subject to the terms of the Privacy Policyand these Terms, including, but not limited to, limitations on damages and mandatory mediation of disputes. You agree that our liability for any breach of the Privacy Policy is limited to the sum of HK$850, but only to the extent that such claim is not otherwise barred by the Agreement.

    If you are dissatisfied with the Website or do not agree to any provisions of these terms of use, your sole and exclusive remedy is to discontinue using the Website, except as may be otherwise provided for in this section.

    You agree to indemnify and hold us, including our affiliates and subsidiaries, and our and their officers, directors, employees, and agents, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this Agreement, your improper use of our services and/or Website, or your breach of any law or the rights of a third party.

    If you have a dispute with one or more users, you release us, and our affiliates and subsidiaries, and our and their officers, directors, employees and agents, from claims, demands and damages, both actual and consequential, of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release, you expressly waive any protections, whether statutory or otherwise, that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.


  29. our copyright

  30. Copyright in the Website (including text, graphics, logos, icons, sound recordings and software) is owned or controlled by, or licensed to, us. Other than for the purposes of, and subject to the conditions prescribed under, relevant copyright law, and except as expressly authorised by these Terms, you may not in any form or by any means:


    1. adapt, reproduce, store, distribute, copy, print, display, perform, publish or create derivative works from any part of the Website or from any information obtained from the Website; or

    2. commercialise any information, products or services obtained from any part of this Website,


    without our written permission.

    Notice for Claims of Intellectual Property Violations and Copyright Infringement Pursuant to United States Code, Title 17, Section 512(c): If you believe that your copyrighted work has been copied and is accessible on the Website in a way that constitutes copyright infringement, please provide our Copyright Agent (as set forth below) the following information required by the Digital Millennium Copyright Act, 17 U.S.C. §512:


    1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

    2. Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

    3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

    4. Information reasonably sufficient to permit us to contact the complaining party;

    5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

    6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.


    For copyright inquiries under the Digital Millennium Copyright Act please contact: admin@marketmein.com


  31. trade marks

  32. This Website includes registered trade marks owned by us (or our licensors) and might include trade marks that are the subject of applications for registration by us (or our licensors), including but not limited to the phrases ‘Marketmein’, ‘Market Me In’ and the ‘M’ logo displayed on the Marketmein Website.

    You must not use any of our trade marks, logos or trade names appearing on the Website:


    1. as part of your own trade marks or company name;

    2. in connection with activities, products or services which are not related to this Website;

    3. in a manner which may be confusing, misleading or deceptive; or

    4. in a manner that disparages us or our information, products or services (including this Website).


    You must not authorise or assist any person to do any of the acts specified in this section 16.


  33. Termination

  34. We reserve the right to immediately terminate your user account and/or your ability to access and use the Website at any time. We may do so if, in our absolute discretion, you breach any terms of use that apply to you, if you act in a manner contrary to our interests, or for any other serious reason, including because we think that you may create possible legal liabilities for us, you fail to make full payment of any fees due to us, we have reasonable cause to believe you are infringing third party rights or we believe such action will improve the security of the Website for other users.

    If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Website and we may refuse service to anyone, at any time, for any reason.

    You may terminate your account with us at any time from your account settings. Terminating your account will not affect the availability of your Submitted Material that you posted through the Website prior to termination. You will still be responsible for any outstanding bills.

    We reserve the right to change, suspend, or discontinue the Website and the services therein at any time, for any reason. We will not be liable to you for the effect that any changes to the Website or the services may have on you, including your income or your ability to generate revenue through the Website.

    The Terms will remain in effect even after your access to the Website is terminated, or your use of the Website ends.


  35. Governing law

  36. These Terms (and all other applicable terms) and any dispute arising out of or in connection with them are governed by the laws in force in that jurisdiction.  You agree to submit to the exclusive jurisdiction of the courts of New South Wales Australia.


  37. DISPUTE RESOLUTION

  38. 19.1

    You agree that all claims, disputes or disagreements that may arise out of the interpretation or performance of these Terms, or that in any way relate to your use of the Website, and/or content on the Website, shall be submitted exclusively to binding arbitration. Arbitration means that an arbitrator and not a judge or jury will decide the claim. Rights to prehearing exchange of information and appeals may also be limited in arbitration. You acknowledge and agree that we are each waiving the right to a trial by jury. You further acknowledge and agree that you waive your right to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both of us otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. This "Dispute Resolution" section will survive any termination of these Terms. You further acknowledge that any claim arising under this Agreement will be brought within one year of its accrual or it will be waived.


    19.2

    Arbitration Rules

    The arbitration will be administered by the Australian Centre for International Commercial Arbitration (the "ACICA") in accordance with the relevant rules then in effect, except as modified by this "Dispute Resolution" section. The relevant rules are available at https://acica.org.au. The relevant arbitration act will govern the interpretation and enforcement of this Section.

    19.3

    Arbitrator Powers

    The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of these Terms including, but not limited to any claim that all or any part of these Terms void or voidable. The arbitration will decide the rights and liabilities, if any, of you and us. The arbitration proceeding will not be consolidated with any other matters or joined with any other proceedings or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum's rules, and these Terms (including this Arbitration Agreement). The arbitrator will issue a written statement of decision describing the essential findings and conclusions on which any award (or decision not to render an award) is based, including the calculation of any damages awarded. The arbitrator shall follow the applicable law. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The arbitrator's decision is final and binding on you and us.

    19.4

    Costs of Arbitration

    Payment for any and all reasonable ACICA filing, administrative, and arbitrator fees will be in accordance with the arbitration rules. If the value of your claim does not exceed $2,000 (AUD), we will pay for the reasonable filing, administrative, and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose.

    19.5

    Forum

    Any legal action, including the seat of arbitration, against us related to the Website must be filed and take place in the following jurisdictions:


    1. New South Wales, Australia.


  39. General

    1. We accept no liability for any failure by us to comply with these Terms where such failure is due to circumstances beyond our reasonable control.

    2. If you express interest in any goods or services in connection with your use of the Website, you consent to us sending you commercial electronic messages to electronic addresses that you have provided to us.

    3. If we waive any rights available to us under these Terms (or any other applicable terms) on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

    4. This Agreement, the Privacy Policy, Cookie Policy and all policies available through our Website set forth the entire understanding and agreement between us, and supersede all prior understanding and agreement of the parties. Any other terms and conditions or representations are excluded to the extent permitted by law. This does not in any way limit the rights available to you under:


      1. the Australian Consumer Law, which is set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth)); or

      2. applicable UK consumer law, including the Consumer Rights Act 2015, Electronic Commerce (EC Directive) Regulations 2002, Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and other successor legislation as relevant.


      as applicable to these Terms and the territory in which you place an order through the Website.

    5. If any part of these Terms (or any other applicable terms) is held to be invalid, unenforceable or illegal for any reason, the remaining parts shall nevertheless continue in full force.


  40. Contact

  41. We welcome your questions or comments regarding the Terms:

    admin@marketmein.com