Terms and Conditions
Users who join GlobalOnlineMarket.co.uk and use GlobalOnlineMarket.co.uk’s services shall be regarded as having read, fully understood and accepted the terms and conditions. This document is a legally binding agreement between you as the user(s) of the Site (referred to as “you”, “your” or “User” or “Company Member” of “Member” hereinafter) and the Maxwell`s Trading Company Limited contracting entity determined in accordance with clause 2.1 below (referred to as “we”, “our” or “ GlobalOnlineMarket.co.uk” hereinafter).
If a User wishes to activate an account, they shall accept these terms. If a user clicks to agree to these terms during the application process, they will be regarded as having entered into an agreement with the operating entity of Maxwell`s Trading Company Limited (“GlobalOnlineMarket.co.uk”) and fully accepted all the terms set out herein.
Each User represents and warrants that: the business is duly organized, validly existing and in good standing under the laws of the territory in which that business is registered; it has all requisite right, power and authority to enter this agreement and perform its obligations; any information provided or made available by one party is accurate and complete, and it will promptly update such information as necessary to ensure it at all times remains accurate and complete; it is not subject to sanctions or otherwise designated on any list of prohibited or restricted parties or owned or controlled by such party, including but not limited to the lists maintained by the US Government, UK Government, the European Union or its member states, NATO, the United Nations Security Council or other applicable government authority; it will comply with all applicable Laws in performance of its obligations and exercise of its rights under this agreement.
You will comply with any applicable tax laws and fulfill all obligations to the tax authorities in a timely and complete manner. You will be resposible for the collection and payment of any and all of your taxes together with the filling of all relevant returns, such as VAT and Intrastat returns and issuing VAT invoices where required. GlobalOnlineMarket.co.uk is not responsable for collecting, remitting or reporting any VAT or other taxes arising from such sale.
GlobalOnlineMarket.co.uk will run a search based on the activities or information of the user publicly available before activating that Company`s account. To the maximum extent permitted by any applicable laws, GlobalOnlineMarket.co.uk makes no representation and warranties as to the accuracy, completeness, reliability, adequacy, or fitness of purposes of the information contained or provided herein and makes no guarantee that any information relating to any buyer as displayed on the GlobalOnlineMarket.co.uk platform is up-to-date. Furthermore, GlobalOnlineMarket.co.uk makes no representations or warranties of any kind concerning any product or service offered by anyone on the platform.
This Agreement may be updated by GlobalOnlineMarket.co.uk without any notice to you. The updated version will take effect upon publication on GlobalOnlineMarket.co.uk. Users should read this carefully and comply with the relevant applicable terms before using the platform. If a user disagrees with these Terms and Conditions and/or any amendments thereto, he/she may notify GlobalOnlineMarket.co.uk to cancel the account. Once a user has started using the account, they will be regarded as having fully understood and accepted each item of these Terms and Conditions and become a member of GLOBALONLINEMARKET.CO.UK (a “Member”).
1. Application and Acceptance of the Terms
1.2 You may not access or use the Services or the Site and may not accept the Terms if you are not the legal representative of the company to form a binding contract with GlobalOnlineMarket.co.uk.
1.3 GlobalOnlineMarket.co.uk may amend any Terms at any time by posting the relevant amended and restated Terms on the Sites. By continuing to access or use the Services or the Sites, you agree that the amended and restated Terms will apply to you.
1.4 As GlobalOnlineMarket.co.uk is using English as language for the Terms, you agree that the English language version will govern your access to and use of the Services or the Site.
1.5 Should you be required to enter into separate agreement(s), whether online or offline, with GlobalOnlineMarket.co.uk or our affiliate for any Service (or features within the Services) (each an “Additional Agreement”), if there is any conflict or inconsistency between the Terms and any Additional Agreement, the Additional Agreement shall take precedence over the Terms only in relation to that Service (or feature within the Service).
1.6 The Terms may not otherwise be modified except in writing by an authorized officer of GlobalOnlineMarket.co.uk.
2. Provision of Services
2.1 This WebSite is a property and registered trade mark of MAXWELL`S TRADING COMPANY LIMITED (UK based company) which is operating, under licence, through GLOBAL ONLINE MARKET LIMITED (UK based company) and GLOBAL ONLINE MARKET, INC. (US based company). If your company is a registered Member of the Site, your company is contracting with either GLOBAL ONLINE MARKET LIMITED or with GLOBAL ONLINE MARKET, INC (for US based companies only).
2.2 You must register your company as a member on the Site in order to access and use some Services. Further, GlobalOnlineMarket.co.uk reserves the right, without prior notice, to restrict access to or use of certain Services (or any features within the Services) to paying Users, or subject to other conditions that GlobalOnlineMarket.co.uk may impose in our discretion.
2.3 Services (or any features within the Services) may vary for different regions or countries. No warranty or representation is given that a particular Service or feature or function thereof or the same type and extent of the Service or features and functions thereof will be available for Users.
2.4 Payments are processed through Stripe and are subject to Stripe`s terms and/or conditions. You agree to accept Stripe Services Agreement. You also hereby agree that GlobalOnlineMarket.co.uk is not responsible for the Stripe`s performance or decisions.
2.5 GlobalOnlineMarket.co.uk may launch, change, upgrade, impose conditions to, suspend, or stop any Services (or any features within the Services) without prior notice.
3. Users Generally
3.1 As a condition of your access to and use of the Sites or Services, you agree that you will comply with all applicable laws and regulations when accessing or using the Sites or Services.
3.2 You agree that:
(a) you will not copy, reproduce, download, re-publish, sell, distribute or resell any Services or any information, text, images, graphics, video clips, sound, directories, files, databases or listings, etc available on or through the Site (the “Site Content”), and
(b) you will not copy, reproduce, download, compile or otherwise use any Site Content for the purposes of operating a business that competes with GlobalOnlineMarket.co.uk, or otherwise commercially exploiting the Site Content. Systematic retrieval of Site Content from the Sites to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) is prohibited. Use of any content or materials on the Sites for any purpose not expressly permitted in the Terms is prohibited.
3.4 GlobalOnlineMarket.co.uk may allow Users to access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise), API or otherwise to such third parties' web sites. You are cautioned to read such web sites' terms and conditions and/or privacy policies before using the Sites. You acknowledge that GlobalOnlineMarket.co.uk has no control over such third parties' web sites, does not monitor such web sites, and shall not be responsible or liable to anyone for such web sites, or any content, products or services made available on or through such web sites.
3.5 You agree not to undertake any action to undermine the integrity of the computer systems or networks of GlobalOnlineMarket.co.uk and/or any other User nor to gain unauthorized access to such computer systems or networks.
3.6 You agree not to undertake any action which may undermine the integrity of GlobalOnlineMarket.co.uk’s feedback system, such as leaving positive feedback for yourself using secondary Member IDs or through third parties or by leaving unsubstantiated negative feedback for another User.
3.7 By posting or displaying any information, content or material (“User Content”) on the Sites or providing any User Content to GlobalOnlineMarket.co.uk or our representative(s), and to the extent permitted under applicable laws, you grant an irrevocable, perpetual, worldwide, royalty-free, and sub-licensable (through multiple tiers) license to GlobalOnlineMarket.co.uk to display, transmit, distribute, reproduce, publish, duplicate, adapt, modify, translate, create derivative works, and otherwise use any or all of the User Content in any form, media, or technology now known or not currently known in any manner and for any purpose which may be beneficial to GlobalOnlineMarket.co.uk, the operation of the Sites, the provision of any Services and/or the business of the User. You confirm and warrant to GlobalOnlineMarket.co.uk that you have all the rights, power and authority necessary to grant the above license. Information that is protected under data protection laws will only be used and kept in compliance with those laws.
3.8 By using GlobalOnlineMarket.co.uk platform, you agree and accept to make and receive payments processed by Stripe. You also agree, when making payments, to pay the fees towards Stripe, according to Stripe Services Agreement.
4. Member Accounts
4.1 Users must be registered on the Sites to access or use some Services (a registered User is also referred to as a “Member” below). Except with GlobalOnlineMarket.co.uk’s approval, one User may only register one member account on the Sites. GlobalOnlineMarket.co.uk may cancel or terminate a User’s member account if GlobalOnlineMarket.co.uk has reasons to suspect that the User has concurrently registered or is in control of two or more member accounts. Further, GlobalOnlineMarket.co.uk may reject User’s application for registration for any reason.
4.2 Upon registration on the Site, GlobalOnlineMarket.co.uk shall assign an account on a Member ID which will be provided by the representative of that Member Company and which will be the email adress of that particular Member Company`s representative. That email adress will be so used for the purpose of comunications between GlobalOnlineMarket.co.uk and that Member Company`s representative. GlobalOnlineMarket.co.uk will also issue a password, which shall be chosen by registered Users during registration, to each registered User. An account may have a web-based email account with limited storage space for the Member to send or receive emails.
4.3 A set of Member ID and password is unique to a single account. Each Member shall be solely responsible for maintaining the confidentiality and security of your Member ID and password and for all use of and activities that occur under your account (whether such use or activities are authorized or not). No Member may share, assign, or permit the use of its Member account, ID or password, by another person, even to other individuals within the Member’s own business entity (where applicable). Member agrees to notify GlobalOnlineMarket.co.uk immediately if you become aware of any unauthorized use of your password or your account or any other breach of security of your account.
4.4 Member agrees that all use of the Sites and Services, and all activities that occur under your account (including without limitation, posting any company or product information, clicking to accept any Additional Agreements or rules, subscribing to or making the payment for the services provided, sending emails using the email account or sending SMS) will be deemed to have been authorized by the Member.
4.5 Member acknowledges that sharing of your account with other persons, or allowing multiple users outside of your business entity to use your account (collectively, "multiple use"), may cause irreparable harm to GlobalOnlineMarket.co.uk or other Users of the Site. Member shall indemnify GlobalOnlineMarket.co.uk, our affiliates, directors, employees, agents and representatives against any loss or damages (including but not limited to loss of profits) suffered as a result of the multiple use of your account. Member also agrees that in case of the multiple use of your account or Member’s failure to maintain the security of your account, GlobalOnlineMarket.co.uk shall not be liable for any loss or damages arising from such a breach and shall have the right to suspend or terminate Member’s account without liability to the Member.
5. Member’s Responsibilities
5.1 Each Member represents, warrants and agrees that: (a) you have full power and authority to accept the Terms, to grant the license and authorization and to perform the obligations hereunder; (b) your access and use the Site and Services will be for business purposes only; and (c) the details you provide when registering are true and current legal details of your business entity. For purposes of this provision, a branch or liaison office will not be considered a separate entity and your legal details of business will be deemed to be that of your head office.
5.2 When registering as a Member, the Company`s representative will be required to provide information or material about your entity, business or products/services as part of the registration process on the Site for your access to and use of any Service or the member account. Each Company Member represents, warrants and agrees that (a) such information and material whether submitted during the registration process or thereafter throughout the continuation of the use of the Site or Service is true, accurate, current and complete, and (b) you will maintain and promptly amend all information and material to keep it true, accurate, current and complete.
5.4 Each Company Member represents, warrants and agrees that (a) you shall be solely responsible for obtaining all necessary third party licenses and permissions regarding any User Content that you submit, post or display; (b) any User Content that you submit, post or display does not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets or any other personal or proprietary rights of any third party (“Third Party Rights”); (c) you have the right and authority to sell, trade, distribute or export or offer to sell, trade, distribute or export the products or services described in the User Content and such sale, trade, distribution or export or offer does not violate any Third Party Rights and (d) you and your affiliates are not the subject of any trade restrictions, sanctions or other legal restrictions enacted by any country, international organization or jurisdiction.
5.5 Each Member further represents, warrants and agrees that the User Content that you submit, post or display shall:
a) be true, accurate, complete and lawful;
b) not be false, misleading or deceptive;
c) not contain information that is defamatory, libelous, threatening or harassing, obscene, objectionable, offensive, sexually explicit or harmful to minors;
d) not contain information that is discriminatory or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
e) not violate the Terms or any applicable Additional Agreements;
f) not violate any applicable laws and regulations (including without limitation those governing export control, consumer protection, unfair competition, or false advertising) or promote any activities which may violate any applicable laws and regulations;
g) not contain any link directly or indirectly to any other web Sites which includes any content that may violate the Terms.
5.6 Each Company Member further represents, warrants and agrees that you shall/are:
a) carry on your activities on the Site in compliance with any applicable laws and regulations;
b) conduct your business transactions with other users of the Site in good faith;
c) carry on your activities in accordance with the Terms and any applicable Additional Agreements;
d) not use the Services or Site to defraud any person or entity (including without limitation sale of stolen items, use of stolen credit/debit cards);
e) not impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity;
f) not engage in spamming or phishing;
g) not engage in any other unlawful activities (including without limitation those which would constitute a criminal offence, give rise to civil liability, etc) or encourage or abet any unlawful activities;
h) not involve attempts to copy, reproduce, exploit or expropriate GlobalOnlineMarket.co.uk’s various proprietary directories, databases and listings;
i) not involve any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;
j) not involve any scheme to undermine the integrity of the data, systems or networks used by GlobalOnlineMarket.co.uk and/or any user of the Site or gain unauthorized access to such data, systems or networks;
k) not, and your director(s), officer(s), controlling party/ies, affiliates and legal jurisdiction in which any of the foregoing persons or entities is organized or has operations are not, persons or entities that are subject to any economic or fraud sanctions of any governmental, international or regulatory entities; and
l) not engage in any activities that would otherwise create any liability for GlobalOnlineMarket.co.uk or our affiliates.
5.7 Members may not use the Site, Services or member account to engage in activities which are identical or similar to GlobalOnlineMarket.co.uk’s e-commerce marketplace business.
5.8 If a Company Member provides a business referee, that Member represents, warrants and agrees that you have obtained all necessary consents, approvals and waivers from such referee to (a) act as your business referee; (b) post and publish their contact details and information, reference letters and comments on their behalf; and (c) that third parties may contact such business referees to support claims or statements made about you. You further warrant and agree that all reference letters and comments are true and accurate and third parties may contact the business referees without the need to obtain your consent.
5.9 Member agrees to provide all necessary information, materials and approval, and render all reasonable assistance and cooperation necessary for GlobalOnlineMarket.co.uk’s provision of the Services, evaluating whether Member has breached the Terms and/or handling any complaint against the Member. If Member’s failure to do so results in delay in, or suspension or termination of, the provision of any Service, GlobalOnlineMarket.co.uk shall not be obliged to extend the relevant service period nor be liable for any loss or damages arising out of or in connection with such delay, suspension or termination.
5.10 Member acknowledges and agrees that GlobalOnlineMarket.co.uk reserves the right to, but shall not be required to actively monitor or exercise any editorial control whatsoever over the content of any message or material or information (including User Content) created, obtained or accessible through the Services or Sites. GlobalOnlineMarket.co.uk does not endorse, verify or otherwise certify the contents of any comments or other material or information (including User Content) created, submitted, posted, displayed or otherwise made by any Member. Each Member is solely responsible for the contents of their communications and may be held legally liable or accountable for the content of their comments or other material or information
5.11 Member acknowledges and agrees that the Site and Services may only be used by businesses and their representatives for business use and not for individual consumers or for personal use.
5.12 Member acknowledges and agrees that each Member is solely responsible for observing applicable laws and regulations in its respective jurisdictions to ensure that all access and use of the Site and Services are in compliance with the same.
6. Breaches by Members
6.1 GlobalOnlineMarket.co.uk reserves the right in our sole discretion to remove, modify or reject any User Content that you submit to, post or display on the Site which we reasonably believe is unlawful, violates the Terms, could subject GlobalOnlineMarket.co.uk or our affiliates to liability, or is otherwise found inappropriate in GlobalOnlineMarket.co.uk’s sole discretion.
6.2 If any Member breaches any Terms, or if GlobalOnlineMarket.co.uk has reasonable grounds to believe that a Member is in breach of any Terms, GlobalOnlineMarket.co.uk shall have the right to take such disciplinary actions as it deems appropriate, including without limitation: (i) suspending or terminating the Member’s account and any and all accounts determined to be related to such account by GlobalOnlineMarket.co.uk in its sole discretion without liability for any losses or damages arising out of or in connection with such suspension or termination; (ii) restricting, downgrading, suspending or terminating the subscription of, access to, or current or future use of any Service; (iii) removing any product listings or other User Content that the Member has submitted, posted or displayed, or imposing restrictions on the number of product listings or User Content that the Member may post or display; (iv) imposing other restrictions on the Member’s use of any features or functions of any Service as GlobalOnlineMarket.co.uk may consider appropriate in its sole discretion; and (v) any other corrective actions, discipline or penalties as GlobalOnlineMarket.co.uk may deem necessary or appropriate in its sole discretion.
6.3 Without limiting the generality of the provisions of the Terms, a Company Member would be considered as being in breach of the Terms in any of the following circumstances:
a) upon complaint or claim from any third party, also Company Member, involved in one or multiple deals with the Member, GlobalOnlineMarket.co.uk has reasonable grounds to believe that such Member has willfully or materially failed to perform your contract with such third party including without limitation where the items such Member has delivered materially fail to meet the terms and descriptions outlined in your contract with such third party,
b) GlobalOnlineMarket.co.uk has reasonable grounds to suspect that such Member has used a stolen credit card or other false or misleading information in any transaction with a counter party,
c) GlobalOnlineMarket.co.uk has reasonable grounds to suspect that any information provided by the Member is not current or complete or is untrue, inaccurate, or misleading, or
d) GlobalOnlineMarket.co.uk believes that the Member’s actions may cause financial loss or legal liability to GlobalOnlineMarket.co.uk or our affiliates or any other Users.
6.4 GlobalOnlineMarket.co.uk reserves the right to cooperate fully with governmental or regulatory authorities, law enforcement bodies, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further, to the extent permitted by applicable laws and policies, GlobalOnlineMarket.co.uk may disclose the Member's identity, contact information and/or information regarding the Member's account(s), transactions or activities carried out on or via the Site, if requested by Her Majesty`s government, regulatory or law enforcement body or an injured third party, or as a result of a subpoena or other legal action. GlobalOnlineMarket.co.uk shall not be liable for damages or results arising from such disclosure, and Member agrees not to bring any action or claim against GlobalOnlineMarket.co.uk for such disclosure.
6.5 GlobalOnlineMarket.co.uk may, at any time and in our reasonable discretion, impose limitations on, suspend or terminate the Member’s use of any Service or the Sites without being liable to the Member if GlobalOnlineMarket.co.uk has received notice that the Member is in breach of any agreement or undertaking with any affiliate of GlobalOnlineMarket.co.uk and such breach involves or is reasonably suspected to involve dishonest or fraudulent activities. GlobalOnlineMarket.co.uk reserves the right to, but shall not be required to investigate such breach or request confirmation from the Member.
6.6 Each Member agrees to indemnify GlobalOnlineMarket.co.uk, our affiliates, directors, employees, agents and representatives and to hold them harmless, from any and all damages, losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from your submission, posting or display of any User Content, from your access to or use of the Site or Services, or from your breach of the Terms or any Additional Agreements.
6.7 Each Member further agrees that GlobalOnlineMarket.co.uk is not responsible, and shall have no liability to you or anyone else for any User Content or other material transmitted through the Site or Services, including fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such User Content or other material rests entirely with the Member. GlobalOnlineMarket.co.uk reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the Member, in which event the Member shall cooperate with GlobalOnlineMarket.co.uk in asserting any available defenses.
7. Transactions Between Buyers and Sellers
7.1 Through the Site, GlobalOnlineMarket.co.uk provides an electronic web-based platform for exchanging information, between buyers and sellers, about products and services. GlobalOnlineMarket.co.uk additionally provides an electronic web-based transaction platform for Members to place, accept, conclude, manage and fulfill orders for the provision of products and services online within the Site subject to the Terms. However, for any Services, GlobalOnlineMarket.co.uk does not represent either the Seller or the Buyer in specific transactions. GlobalOnlineMarket.co.uk does not control and is not liable or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on the Site, the ability of the Sellers to complete a sale or the ability of buyers to complete a purchase.
7.2 Users are hereby made aware that there may be risks of dealing with people acting under false pretences. GlobalOnlineMarket.co.uk uses several techniques to verify the accuracy of certain information our paying Users provide us when they register for a paying membership service on the Site. However, because user verification on the Internet is difficult, GlobalOnlineMarket.co.uk cannot and does not confirm each User's purported identity. We encourage you to use various means, as well as common sense, to evaluate with whom you are dealing.
7.3 Buyers and Sellers accessing or using the Site or Services shall assume the risks of conducting any purchase and sale transactions in connection with or through the Site or Services. Buyers and Sellers accessing or using the Site or Services shall also fully assume all risks of liability or harm of any kind arising out of or in connection with any subsequent activity relating to the products or services that are the subject of the transactions on the Site. Examples of such risks shall include, but are not limited to, mis-representation of products and services, fraudulent schemes, unsatisfactory product quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost mis-calculations, breach of warranty, breach of contract, transportation accidents, the risk that the manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Sites may violate or may be asserted to violate Third Party Rights, and the risk that Users may incur costs of defense or other costs in connection with third parties’ assertion of Third Party Rights, or in connection with any claims by any party that they are entitled to defense or indemnification in relation to the assertion of rights, demands or claims by claimants of Third Party Rights. Examples of such risks also include the risk of claims from consumers, other purchasers, end-users of products or other third parties that they have suffered injuries or harm from their use of the products obtained through the Site or Services. All of the foregoing risks are referred to as "Transaction Risks". GlobalOnlineMarket.co.uk is not liable or responsible for any damages, claims, liabilities, costs, harm, inconveniences, business disruptions or expenditures of any kind that may arise a result of or in connection with any Transaction Risks.
7.4 Buyers and Sellers act directly in relation to each other, through the GlobalOnlineMarket platform, making offers, negotiating, accepting or rejecting conditions, paying, sending/receiving and confirming the receipt of the ordered goods or services.
7.5 Placing an order is possible after the accounts are valid, only at the same time as making the payment. The price is blocked in buyer`s account when placing the order, and is withdrawn from Buyer`s account only after the order and the conditions are accepted by both parties. The amount remains blocked, by Stripe, in GlobalOnlineMarket.co.uk`s account, and is collected and commissioned only after receipt of the order is confirmed by the Buyer himself. If the order is not accepted, the amount is unlocked in Buyer`s account.
7.6 The time allocated for confirm/infirm the receipt of goods/services is limited. Also, if and when the Seller uploads the proof of delivery, the Buyer will receive an email requesting to scan the QR code and to confirm the receipt and the state of goods/services. Failing to do so in a limited period of time (that is comunicated through the same email) will lead to the deal being deemed as confirmed and concluded, therefore the payment processed towards the Seller and the business commissioned.
7.7 Buyers and Sellers are being kept informed of the status of each transaction and of the stage at which the opposing party is in connection with the transaction (order). This is being done both through emails (sent to the email address provided at registration and used as a username) and in the history account. Both methods are constantly being reviewed and updated in real time, whilst only the user has access to that information.
7.8 When the Buyer confirms the receipt of goods/services, by scanning the QR code, the deal is concluded and the payment is processed towards the Seller. Only then, a 5% commission is charged from the price that the Seller is cashing for that order.
8. Dispute Resolution; Agreement to Arbitrate
8.1 In case of any misunderstandings may occur, due (but not limited) to the fact that the order is not delivered to the Buyer, unduly delayed or not compliant, the buyer can request a refund and upload photos and/or documents as proof. In that particular situation, the order enters the pending refund status, whilst the parties may reach an agreement. The agreement can be reached through acceptance, by the Seller, of the partial/total refund requested by the Buyer. Then, the payment is accordingly processed towards the Buyer/Seller and also consequently commissioned 5% of the amount cashed by the Seller. If any amount is accepted by the Seller to be refunded towards the Buyer, that refunded amount is not being commissioned.
8.2 If the Buyer`s request is not accepted by the Seller, the order reaches the quarantine status, and the amount of money is blocked whilst the parties either settle, or dispute the matter in England and Wales jurisdiction.
8.3 According to Stripe Services Agreement, any dispute, controversy or claim arising between two parties will be referred to and finally determined by arbitration in accordance with the JAMS International Arbitration Rules. The tribunal will consist of a sole arbitrator. The place of the arbitration will be London, United Kingdom. The language to be used in the arbitral proceedings will be English. Judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction.
8.4 Either party may commence arbitration by providing to JAMS London, and the other party to the dispute, a written demand for arbitration, setting forth the subject of the dispute and the relief requested.
8.5 This Agreement and the rights of the parties hereunder shall be governed and construed in accordance with the laws of England and Wales, exclusive of conflict or choice of law rules. Nothing in this section will preclude the parties from later seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. However, the award rendered by the arbitrator shall be considered by GlobalOnlineMarket.co.uk for both payment and/or commissioning.
8.6 The amount of time available for reaching either an agreement, settlement, or award rendered by an arbitrator and uploading it on the platform is 90 days (2 years for US based companies) from the day the initial payment is made. Whether a settlement/agreement is uploaded on the platform by both parties, or an award rendered by the arbitrator is uploaded by either party, both the payment and the 5% commission will be processed accordingly.
8.7 Buyers and Sellers on the Site are solely responsible for setting out and performance of the terms and conditions of the transactions conducted on, through or as a result of use of the Site or Services, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage, subject to any additional obligations.
8.8 User agrees to provide all information and materials as may be reasonably required by GlobalOnlineMarket.co.uk in connection with your transactions conducted on, through or as a result of use of the Site or Services. GlobalOnlineMarket.co.uk has the right to suspend or terminate any User’s account if the User fails to provide the required information and materials without liability for any losses or damages arising out of or in connection with such suspension or termination.
8.9 In the event that any User has a dispute with any party to a transaction, such User agrees to release and indemnify GlobalOnlineMarket.co.uk (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such dispute or the transaction.
9. Limitation of Liability
9.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES PROVIDED BY GLOBALONLINEMARKET.CO.UK ON OR THROUGH THE SITE ARE PROVIDED "AS IS", "AS AVAILABLE" AND “WITH ALL FAULTS”, AND GLOBALONLINEMARKET.CO.UK HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, AND UNDERTAKINGS ARE HEREBY EXCLUDED.
9.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, GLOBALONLINEMARKET.CO.UK MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITE; GLOBALONLINEMARKET.CO.UK DOES NOT REPRESENT OR WARRANT THAT THE MANUFACTURE, IMPORTATION, EXPORT, DISTRIBUTION, OFFER, DISPLAY, PURCHASE, SALE AND/OR USE OF PRODUCTS OR SERVICES OFFERED OR DISPLAYED ON THE SITES DOES NOT VIOLATE ANY THIRD PARTY RIGHTS; AND GLOBALONLINEMARKET.CO.UK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING ANY PRODUCT OR SERVICE OFFERED OR DISPLAYED ON THE SITE.
9.3 Any material downloaded or otherwise obtained through the Site or Services is done at each User's sole discretion and risk and each User is solely responsible for any damage to its own or to GlobalOnlineMarket.co.uk’s computer system(s) or any loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any User from GlobalOnlineMarket.co.uk or through or from the Site shall create any warranty not expressly stated herein.
9.4 The Sites may make available to User services or products provided by independent third parties. No warranty or representation is made with regard to such services or products. In no event shall GlobalOnlineMarket.co.uk or our affiliates be held liable for any such services or products.
9.5 Each User hereby agrees to indemnify and save GlobalOnlineMarket.co.uk, our affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such User's access to or use of the Site or Services (including but not limited to the display of such User's information on the Site) or from your breach of any of the terms and conditions of the Terms. Each User hereby further agrees to indemnify and save GlobalOnlineMarket.co.uk, our affiliates, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise from User's breach of any representations and warranties made by User to GlobalOnlineMarket.co.uk, including but not limited to those set forth in clause 5 hereunder.
9.6 Each User hereby further agrees to indemnify and save GlobalOnlineMarket.co.uk, our affiliates, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on the Site. Each User hereby further agrees that GlobalOnlineMarket.co.uk is not responsible and shall have no liability to you, for any material posted by others, including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with each User. GlobalOnlineMarket.co.uk reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with GlobalOnlineMarket.co.uk in asserting any available defenses.
9.7 GlobalOnlineMarket.co.uk shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, equity or otherwise or any other damages resulting from any of the following:
a) the use or the inability to use the Site or Services;
b) any defect in goods, samples, data, information or services purchased or obtained from a User or any other third party through the Site or Services;
c) violation of Third Party Rights or claims or demands that User's manufacture, importation, exportation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Site or through the Services may violate or may be asserted to violate Third Party Rights; or claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants;
d) unauthorized access by third parties to data or private information of any User;
e) statements or conduct of any User of the Site or Services; or,
f) any matters relating to the Site or Services, however arising, including negligence.
9.8 Notwithstanding any of the foregoing provisions, the aggregate liability of GlobalOnlineMarket.co.uk, our employees, agents, affiliates, representatives or anyone acting on our behalf with respect to each User for all claims arising from the access to or use of the Site or Services during any calendar year shall be limited to the greater of (a) the amount of fees the User has paid to GlobalOnlineMarket.co.uk as commissions for the access to or use of the Site or Services during the calendar year and (b) the maximum amount permitted under the applicable law. The preceding sentence shall not preclude the requirement by the User to prove actual damages. All claims arising from the use of the Sites or Services must be filed within one (1) year from the date the cause of action arose or such longer period as prescribed under the applicable law governing the Terms.
9.9 The limitations and exclusions of liability to you under the Terms shall apply to the maximum extent permitted by law and shall apply whether or not GlobalOnlineMarket.co.uk has been advised of or should have been aware of the possibility of any such losses arising.
10. Force Majeure
10.1 Under no circumstances shall GlobalOnlineMarket.co.uk be held liable for any delay or failure or disruption of the content or the Services accessed or delivered through the Site or the creation or fulfilment of contracts resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties or any suspension or disruption of transportation or business operation (including but not limited to delays or disruption of the resumption of work or operation ordered by any government agency) in the event of a national or regional spread of epidemic or pandemic.
11. Intellectual Property Rights
11.1 Maxwell`s Trading Company Limited is the sole owner or lawful licensee of all the rights and interests in the Site and the Site Content. The Site and Site Content embody trade secrets and other intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Site and Site Content shall remain with Maxwell`s Trading Company Limited, our affiliates or licensors, as the case may be. All rights not otherwise claimed under the Terms or by Maxwell`s Trading Company Limited are hereby reserved.
11.2 "GLOBALONLINEMARKET", "GlobalOnlineMarket", “globalonlinemarket” and related icons and logos are registered trademarks or trademarks or service marks of Maxwell`s Trading Company Limited and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
11.3 GlobalOnlineMarket.co.uk may have independent third parties involved in the provision of the Site or Services (e.g., the authentication and verification service providers). You may not use any trademark, service mark or logo of such independent third parties without prior written approval from such parties.
11.4 Global Online Market, Inc. is the sole lawful licensee to operate to operate the WebSite in accordance with the updated Terms and Conditions and with the applicable legislation.
12.1 All legal notices or demands to or upon GlobalOnlineMarket.co.uk shall be made in writing and sent to Global Online Market, Inc. personally, by courier or certified mail to the following entity and address: Global Online Market, Inc., 22 Adams Quarter, TW8 8ER, United Kingdom, Attn: Legal Department. The notices shall be effective when they are received by Global Online Market, Inc. in the above-mentioned manner.
12.2 All legal notices or demands to or upon a User shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User to Global Online Market, Inc. or by posting such notice or demand on an area of the Sites that is publicly accessible without a charge. Notice to a User shall be deemed to be received by such User if and when:
a) GlobalOnlineMarket.co.uk is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User, or
b) immediately upon GlobalOnlineMarket.co.uk posting such notice on an area of the Site that is publicly accessible without charge.
12.3 You agree that all agreements, notices, demands, disclosures and other communications that GlobalOnlineMarket.co.uk sends to you electronically will satisfy any legal requirement that such communication should be in writing.
13. General Provisions
13.1 Subject to any Additional Agreements, the Terms constitute the entire agreement between you and GlobalOnlineMarket.co.uk with respect to and govern your use of the Site and Services, superseding any prior written or oral agreements in relation to the same subject matter herein.
13.2 GlobalOnlineMarket.co.uk and you are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms.
13.3 If any provision of the Terms is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall remain valid and be enforced.
13.4 Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such clause.
13.5 GlobalOnlineMarket.co.uk’s failure to enforce any right or failure to act with respect to any breach by you under the Terms will not constitute a waiver of that right nor a waiver of GlobalOnlineMarket.co.uk’s right to act with respect to subsequent or similar breaches.
13.6 GlobalOnlineMarket.co.uk shall have the right to assign the Terms (including all of our rights, titles, benefits, interests, and obligations and duties in the Terms to any person or entity (including any affiliates of GlobalOnlineMarket.co.uk). You may not assign, in whole or part, the Terms to any person or entity.
13.7 THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF ENGLAND AND WALES. THE JURISDICTION TO ADJUDICATE ANY DISPUTES BELONGS TO THE LONDON COURTS OF JUSTICE.
13.8 Transactions between businesses on GlobalOnlineMarket.co.uk are covered by the Unfair Contract Terms Act (UCTA) 1977. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
13.9 Should you have any comments on the Services we provide to you, you may contact us on our customer service support line with any such feedback or questions.