TERMS AND CONDITIONS
Welcome to MariaBuy!
These are the terms and conditions for mariabuy.com marketplace.
By using the website and services, you agree to be bound by these terms and conditions and our Privacy Policy. If you do not accept all of these terms, then you may not use the services. In these terms, “we”, “us”, “our”, “website”, “marketplace”, “mariabuy.com” and “MariaBuy” refers to No Stress Limited and “you” and “your” refers to you, the user of MariaBuy marketplace (website).
The following terms and conditions apply to the website and services offered by MariaBuy. This includes the mobile and tablet versions as well as any other version of mariabuy.com accessible via desktop, mobile, tablet, social media or other devices.
1. ACCEPTANCE OF TERMS
This agreement sets forth legally binding terms for your use of mariabuy.com. By using the services and website, you agree to be bound by this agreement. If you do not accept the terms of this agreement, you should not use the service. We may modify this Agreement from time to time, and such modification shall be effective upon its posting on mariabuy.com website. You agree to be bound by any modification to these terms and conditions when you use the services after any such modification is posted; it is, therefore, important that you review this Agreement regularly.
You represent and warrant that your use of the platform does not violate any applicable law or regulation. MariaBuy may, in its sole discretion, refuse to offer the services to any entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the service and the platform is revoked in such jurisdictions.
2. ELIGIBILITY
You may use the services only in compliance with these terms and all applicable local, state, national, and international laws, rules, and regulations.
The use of the services of mariabuy.com for people under 18 years old is limited to the permission and authorization of their parents or legal guardians. They must be supervised and receive proper guidance in their use of our platform. It is the sole and exclusive responsibility of the parents or legal guardians of minors, the use of the platform, and the content that underage users host in the subdomains. Minors may vary according to the jurisdiction and local laws from where the services and the platform are used. It is the responsibility of parents and legal guardians to determine whether any of the content and services are appropriate for their child.
By using the website and services, you represent and warrant that you have the full right, power, and authority to enter into these terms and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into these terms.
3. ACCOUNT AND SECURITY
If you register on mariabuy.com, you will be required to choose a password and username, and you may be asked for additional information regarding your account. You are responsible for maintaining the confidentiality of your password and account information and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify mariabuy.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. You may never use another User’s account without prior authorization from mariabuy.com. MariaBuy will not be liable for any loss or damage arising from your failure to comply with this agreement.
You may control your user profile and how you interact with the service by changing the settings in your account. By providing mariabuy.com with your email address, you consent to our use of such email address to send you notices regarding the service, including those required by law, in lieu of ordinary mail. We may also use your email address to send you other messages, such as changes to service features and special offers. If you do not wish to receive these emails, you may opt-out of receiving them by sending us your withdrawal request via the contact information or via the “unsubscribe” option in the emails. Opting out may prevent you from receiving emails about updates, upgrades, or offers.
4. ACCOUNT DELETION AND TERMINATION
The users may terminate their accounts at any time, for any reason, by following the instructions on mariabuy.com. That termination will only result in the deletion of the account and the deletion of all the personal data granted to mariabuy.com.
MariaBuy reserves the right to terminate your account or your access immediately, with or without notice to you, and without liability to you, if mariabuy.com believes that you have breached any of these terms, furnished mariabuy.com with false or misleading information, or interfered with the use of the website or the service by others.
5. SELLER FEES AND PAYMENTS
Sellers may be charged for using some MariaBuy services.
When you make a sale through mariabuy.com, you will be charged a transaction fee of 8% of the order amount.
MariaBuy offers several services to help you advertise your listings and promote your store or product. It’s your sole decision whether or not to use mariabuy.com’s advertising services.
6. PRICES AND PAYMENTS
MariaBuy reserves the right to determine the fee amount. MariaBuy will make reasonable efforts to keep fee information published on the website up to date. We encourage you to check our website periodically for current fee information. MariaBuy may change the fees for any service, including additional fees or charges. MariaBuy, at its sole discretion, may make promotional offers with different features and different pricing to any of mariabuy.com users.
Your payment information will be treated and safeguarded with total security and with the exclusive purpose of processing transactions. MariaBuy reserves the right to contract any payment platform available in the market, which treats your data for the exclusive purpose of processing payment transactions.
7. COLLECTION AND PAYMENT OF TAXES
Sellers must calculate, collect (from buyers) and pay taxes to the authorities according to the status of the seller (individual, self-employed, LLC, etc.), the laws of the seller’s country of residence, and international laws.
8. DISCLAIMER
The use of the marketplace and services is at your own risk and responsibility. The stores and products listed on the website do not belong to mariabuy.com, nor are they under the control of mariabuy.com. The content provided by user through the mariabuy.com website, is the sole responsibility of the users who provided such content.
The use of the marketplace and the actions carried out (sales, purchases) are the sole and exclusive responsibility of the users.
MariaBuy is not responsible for failed deals, trades, transactions, as well as for product quality, shipping, and any other mariabuy.com user failures.
By using the mariabuy.com, you accept sole, exclusive, and personal responsibility for the result of the actions you take through the services and the website.
Your use of our services must be based on your own diligence. You agree and represent that mariabuy.com is not responsible for any success or failure of your business that is directly or indirectly related to the services provided through mariabuy.com.
9. PERMISSION TO USE THE MARKETPLACE
MariaBuy gives you a personal, worldwide, royalty-free, non-assignable, and non-exclusive permission to use the software provided to you by mariabuy.com as part of the services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the services as provided by mariabuy.com, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission. The user agrees not to use the platform and the services negligently, for fraudulent purposes, or in an unlawful manner. Likewise, the user agrees not to partake in any conduct or action that could damage the image, interests, or rights of mariabuy.com or third parties.
MariaBuy prohibits the publishing of content that:
(1) Publishing content that is considered SPAM.
(2) Publishing adult content, illegal content, links to pay-per-click sites, and other destinations that may affect the “health” of the domain.
(3) Publishing content that is considered harassing, abusive, defamatory, obscene, bad faith, unethical or illegal content.
(4) Distribute trojans, viruses, or other malicious computer software.
(5) Are intending to commit fraud, impersonating other persons, phishing, scams, or related crime.
(6) Distribute intellectual property without ownership or a license to distribute such property.
(7) Breach, in any way, the terms of service, privacy policy, or rules of this website or the recipients.
Content published through mariabuy.com, may be removed without notice and without explanation if inappropriate content is published or content that violate the above prohibitions. MariaBuy will not be liable for any loss or damage, if the content is removed without notice (mariabuy.com will in most cases provide the reason for the removal of the content).
MariaBuy reserves the right to terminate your access immediately, with or without notice, and without liability to you, if mariabuy.com believes that you have violated any of these terms or interfered with the use of the services by others.
10. INFORMATION CONFIDENTIALITY
MariaBuy agrees that information disclosed by users in connection with the provision of services shall be considered “confidential information.” Users’ Confidential Information shall be treated solely for the purpose of fulfilling the contracted services and shall not be shared or disclosed under any circumstances. MariaBuy agrees to keep Users’ Confidential Information confidential and, except as otherwise provided in this agreement, not to disclose such information to third parties without the prior written consent of Users. MariaBuy shall take reasonable precautions to prevent any unauthorized disclosure, publication, dissemination, or use of users’ confidential Information.
11. THIRD-PARTY MATERIALS
“Third-Party Materials” means any content, images, videos, texts, or other material that is owned by a third party, such as stock images, videos, and texts. Such Third-Party Materials are subject to the applicable third-party terms and licenses, and may only be used as permitted by such terms and licenses.
12. COPYRIGHT
All content included on this website, such as text, graphics, logos, button icons, images, video, audio clips, data compilation, and software, is the property of mariabuy.com, its merchants, or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of mariabuy.com and is protected by international copyright laws. All software used on this site is the property of mariabuy.com or its software suppliers and is protected by international copyright laws. You have no authorization to copy, transmit, distribute, display, republish, post, or upload from our website in any way without our prior written approval, or stated otherwise on our site. Any alterations or use of content outside the guidelines of this Terms and Conditions violates intellectual property rights. By accessing our services, you do not own any rights or titles to our content or other intellectual properties.
13. COPYRIGHT COMPLAINTS
MariaBuy respects the intellectual property of others, and expects users to do the same. If you believe, in good faith, that any materials provided on or in connection with the mariabuy.com services infringe upon your copyright or other intellectual property rights, please send the following information to:
i. Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers, or a statement concerning the ownership of the work, should be included.
ii. A statement specifically identifying the location of the infringing material, with enough detail that mariabuy.com may find it on the mariabuy.com website. Please note: it is not sufficient to merely provide a top-level URL.
iii. Your name, address, telephone number, and e-mail address.
iv. A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the owner of the rights, or its agents, or by law.
v. A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
vi. An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
14. PROHIBITED ACTIVITIES
The content and information available on the website (including, but not limited to, data, information, text, music, sound, photos, graphics, video, maps, icons, or other material), as well as the infrastructure used to provide such content and information, is proprietary to mariabuy.com or licensed to the mariabuy.com by third parties. For all content other than your content, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, sell or re-sell any information, software, or services obtained from or through the services. Additionally, you agree not to:
i. Use the services or content for any commercial purpose, outside the scope of those commercial purposes explicitly permitted under this agreement and related guidelines as made available by mariabuy.com;
ii. Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any Content of the Services, including but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this Agreement or without our express written permission;
iii. Violate the restrictions in any robot exclusion headers on the Services or bypass or circumvent other measures employed to prevent or limit access to the Services;
iv. Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
v. Deep-link to any portion of the services for any purpose without our express written permission;
vi. “Frame”, “mirror” or otherwise incorporate any part of the services into any other websites or service without our prior written authorization;
vii. Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by mariabuy.com in connection with the services;
viii. Circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any content; or
ix. Download any Content unless it’s expressly made available for download by mariabuy.com.
15. MARIABUY RESPONSIBILITIES
Because of the nature of the Internet mariabuy.com provides and maintains the website on an “as is”, “as available” basis and makes no promise that use of the website will be uninterrupted or entirely error-free. We are not responsible to you if we are unable to provide our Internet services for any reason beyond our control.
Our website may from time to time contain links to other websites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites.
Except as provided above we can give no other warranties, conditions, or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.
You will be responsible for any breach of these terms by you and if you use the services in breach of these terms you will be liable to and will reimburse, mariabuy.com for any loss or damage caused as a result.
These terms above shall not limit any rights you might have as a consumer that may not be excluded under applicable law nor shall they exclude or limit mariabuy.com liability for death or personal injury resulting from its negligence nor any fraudulent representation.
MariaBuy will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including without limitation Internet outages, communications outages, fire, flood, war or act of God.
These terms do not affect your statutory rights as a consumer which are available to you.
Subject as aforesaid, to the maximum extent permitted by law, mariabuy.com excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to mariabuy.com and mariabuy.com shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:
Any incorrect or inaccurate information on mariabuy.com.
The infringement by any person of any Intellectual Property Rights of any third party caused by their use of the services.
Any loss or damage resulting from your use or the inability to use the website or resulting from unauthorized access to, or alteration of your transmissions or data in circumstances that are beyond our control.
Any loss of profit wasted expenditure, corruption or destruction of data, or any other loss which does not directly result from something we have done wrong.
Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user’s computer equipment, software, data, or other property caused by persons accessing or using content from the website, or from transmissions via emails or attachments received from mariabuy.com.
All representations, warranties, conditions, and other terms which but for this notice would have an effect.
16. THIRD-PARTY WEBSITES
Through your use of the mariabuy.com services you may encounter links to third-party sites or be able to interact with third-party sites. Such third parties may charge a fee for use of certain content or services provided on or by way of their websites. Therefore, you should make whatever investigation you feel is necessary or appropriate before proceeding with any transaction with any third party to determine whether a charge will be incurred. Where mariabuy.com provides details of fees or charges for such third-party content or services, such information is provided for convenience and information purposes only. Any interactions with third-party sites and apps are at your own risk. You expressly acknowledge and agree that mariabuy.com is in no way responsible or liable for any such third-party sites.
17. INDEMNIFICATION
You agree to defend and indemnify mariabuy.com and any of their directors, employees, and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties, or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
Your breach of this Agreement or the documents referenced herein.
Your violation of any law or the rights of a third party.
Your use of the MariaBuy services.
18. SECURITY COMPONENTS
You understand that mariabuy.com and software embodied within mariabuy.com may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by mariabuy.com and/or content providers who provide content to mariabuy.com platform. You may not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded into mariabuy.com.
19. ELECTRONIC COMMUNICATIONS
No responsibility will be accepted by mariabuy.com for failed, partial, or garbled computer transmissions, for any computer, telephone, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any service provider, internet accessibility or availability or for traffic congestion or unauthorized human act, including any errors or mistakes.
20. CHANGES AND TERMINATION
We may change the website, services, and these Terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these Terms. Your continued use of the services constitutes your acceptance of any changes to these Terms and any changes will supersede all previous versions of the Terms. Unless otherwise specified herein, all changes to these Terms apply to all users and take effect. Furthermore, we may terminate this agreement with you under these Terms at any time by notifying you in writing (including by email) or without any warning.
21. PERSONAL DATA
Any personal information you post on or otherwise submit in connection with the purchase of products will be used in accordance with our Privacy Policy. Please refer to our Privacy Policy.
22. INTEGRATION CLAUSE
This agreement together with the Privacy Policy and any other legal notices published by mariabuy.com shall constitute the entire agreement between you and mariabuy.com concerning and governs your use of the services.
23. HEADINGS
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These terms set forth the entire understanding and agreement between us with respect to the subject matter therein.
24. DISPUTES
You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, application, interpretation, or validity of these Terms or the use of the services shall be settled by binding arbitration between you and mariabuy.com, except that each party retains the right to bring an individual action in court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction.
25. FINAL PROVISIONS
These Terms are governed by the law of the United Kingdom. Use of our services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this paragraph.
Our performance of these Terms is subject to existing laws and legal processes, and nothing contained in these Terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our services or information provided to or gathered by us with respect to such use.
If any part of these Terms is found to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of these Terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.
Any rights not expressly granted herein are reserved.
26. CONTACT INFORMATION
If you have questions or concerns about these terms or the services, please contact us at: site@mariabuy.com