Terms of Use
LocalMarkets.ie Terms of Use Agreement
By using the LocalMarkets.ie web site ("LocalMarkets" or the "Site"), you (the "user" or "you") agree to be bound by the following terms and conditions (the "Terms of Use" or the "Agreement"), including those available by hyperlink.
Before you may become a member of LocalMarkets.ie, you must read and accept all the terms and conditions in, and linked to, the Agreement. The Agreement is effective on April 21, 2010 for current users, and upon acceptance for new users.
1. LocalMarkets.ie is an online marketplace
LocalMarkets.ie acts as an online marketplace to allow users who comply with LocalMarkets.ie's policies to offer, sell, and buy certain food and related goods within a fixed price format. LocalMarkets.ie is directly involved in the transaction between buyers and sellers by deliverying and distributing the products. LocalMarkets.ie does not have control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, or the ability of sellers to sell items. LocalMarkets.ie does take all reasonable steps to ensure that food produced, distributed or marketed on the website meets the highest standards of food safety and hygiene reasonably available. Hazard Analysis & Critical Control Point (HACCP) is a system that allows food companies to identify and control any hazards that could pose a danger to the preparation of safe food. It involves identifying what can go wrong, planning to prevent it and making sure businesses are doing it. HACCP is a legal requirement and it is LocalMarkets.ie policy to only have (HACCP) certified producers and suppliers on the website. In addition all producers must be certified by their local environmental health officer and be insured. Products sold on LocalMarkets.ie must be prepared on the producers premises, and not be imported and sold as fresh. LocalMarkets does make exception for certain products that cannot be produced in Ireland, e.g. Olives. LocalMarkets.ie does not pre-screen users or the content or information provided by users. LocalMarkets.ie will take all reasonable steps to ensure that a buyer or seller will actually complete a transaction. LocalMarkets.ie reserves the right to inspect premises where produce is made to ensure it complies with the above.
Consequently, LocalMarkets.ie does not transfer legal ownership of items from the seller to the buyer. LocalMarkets.ie cannot guarantee the true identity, age, and nationality of a user.
You agree that LocalMarkets.ie is an online marketplace and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on LocalMarkets.ie. You use the LocalMarkets.ie service at your own risk.
2. Membership
Age: LocalMarkets.ie services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18 can use this service only in conjunction with and under the supervision of a parent or legal guardian. In this case, the adult is the user and is responsible for any and all activities.
Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by LocalMarkets.ie's policies as stated in the Agreement and LocalMarkets.ie Privacy Policy.
Password: Please keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify LocalMarkets.ie of any unauthorised use of your password or any breach of security. You also agree that LocalMarkets.ie cannot and will not be liable for any loss or damage arising from your failure to keep your password secure.
Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address.
Account Transfer: You may not transfer or sell your LocalMarkets.ie account and User ID to another party. If you are registering as a business producer entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
Right to Refuse Service: LocalMarkets.ie's services are not available to temporarily or indefinitely suspended LocalMarkets.ie members. LocalMarkets.ie reserves the right, in LocalMarkets.ie's sole discretion, to cancel unconfirmed or inactive accounts. LocalMarkets.ie reserves the right to refuse service to anyone, for any reason, at any time.
3. Pricing and Services
Joining and setting up a shop on LocalMarkets.ie. LocalMarkets.ie charges a percentage of the sale price when an item sells. Changes to the pricing for LocalMarkets.ie's services are effective after LocalMarkets.ie provides you with at least fourteen (14) days' notice by posting the changes on the Site. However, LocalMarkets.ie may choose to temporarily change the pricing for LocalMarkets.ie's services for promotional events; such changes are effective when LocalMarkets.ie posts a temporary promotional event on the Site. LocalMarkets.ie may, at LocalMarkets.ie's sole discretion, change some or all of LocalMarkets.ie's services at any time. In the event LocalMarkets.ie introduces a new service, the pricing for that service are effective at the launch of the service.
Merchant Services: LocalMarkets.ie facilitates the purchase of items bought and sold by Users on the Site. Upon the sale of an item listed on the Site, authorised payments from the User are transferred to a Seller's LocalMarkets.ie bank account less any applicable commission, transaction fee, and/or other adjustments, at a specified date.
Payment: LocalMarkets.ie will initiate the transfer of the entire outstanding balance. The outstanding balance will include any transaction you received from authorised payment methods by Users, less any commission, transaction fees, refunds, credit card chargebacks, and/or other adjustments.
Termination: If LocalMarkets.ie terminates your account, if you close your account, or if the payment of your LocalMarkets.ie commission and transaction fees cannot be completed for any reason, you remain obligated to pay LocalMarkets.ie for all unpaid fees plus any penalties, if applicable. If you have a question or wish to dispute a charge, contact LocalMarkets.ie.
4. Listing and Selling
Listing Description: By listing an item on the Site you warrant that you and all aspects of the item comply with LocalMarkets.ie's policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your LocalMarkets.ie shop. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing.
Binding Sale: All sales are binding. LocalMarkets.ie is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner (according to our shipping policies), unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller's listing (such as payment method), or (b) the seller cannot authenticate the buyer's identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance. If an item a producer sells is not available all reasonable attempts will be made to replace the item with a similar item. Producers by their very nature make items fresh to it is reasonable that there will be times when an item cannot be made within a certain timeframe.
5. Prohibited Activities
You are solely responsible for your conduct and activities on and relating to localmarkets.ie and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on LocalMarkets.ie. Restricted Activities: Your Content and your use of LocalMarkets.ie shall not:
1. Be false, inaccurate or misleading
2. Be fraudulent or involve the sale of illegal, counterfeit or stolen items
3. Infringe upon any third party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy
4. Violate this Agreement, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
5. Contain items that have been identified by the EU Consumer Products Safety Commission as hazardous to consumers and therefore subject to a recall
6. Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including LocalMarkets.ie staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
7. Be obscene or contain child pornography
8. Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
9. Host images not part of a listing
10. Link directly or indirectly, reference or contain information about goods or services offered external to LocalMarkets.ie.
11. Modify, adapt or hack LocalMarkets.ie or modify another website so as to falsely imply that it is associated with FoLocalMarkets.ie
12. Appear to create liability for LocalMarkets.ie or cause LocalMarkets.ie to lose (in whole or in part) the services of LocalMarkets.ie's ISPs or other suppliers
13. Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement, the Privacy Policy, or other policy documents as posted on LocalMarkets.ie
Furthermore, you may not list any item on LocalMarkets.ie(or consummate any transaction that was initiated using LocalMarkets.ie's service) that, by paying to LocalMarkets.ie the commission or transaction fee, could cause LocalMarkets.ie to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Use.
6. Content
License: LocalMarkets.ie does not claim ownership rights in your content. You grant LocalMarkets.ie a license solely to enable LocalMarkets.ie to use any information or content you supply LocalMarkets.ie with, so that LocalMarkets.ie is not violating any rights you might have in that content. You grant LocalMarkets.ie a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the content, in any media now known or not currently known, with respect to your Content. You agree to allow LocalMarkets.ie to store or re-format your content on LocalMarkets.ie and display your Content on LocalMarkets.ie in any way as LocalMarkets.ie chooses. LocalMarkets.ie will only use personal information in accordance with LocalMarkets.ie's Privacy Policy.
As part of a transaction, you may obtain personal information, including email address and shipping information, from another LocalMarkets.ie user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for LocalMarkets.ie-related communications. LocalMarkets.ie has not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any LocalMarkets.ie user to your email or physical mail list. For more information, see LocalMarkets.ie's Privacy Policy.
Re-Posting Content: By posting Content on LocalMarkets.ie, it is possible for an outside website or a third party to re-post that Content. You agree to hold LocalMarkets.ie harmless for any dispute concerning this use. If you choose to display your own LocalMarkets.ie-hosted image on another website, the image must provide a link back to its listing page on LocalMarkets.ie.
7. Information Control
LocalMarkets.ie does not control the Content provided by users that is made available on LocalMarkets.ie. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.
LocalMarkets.ie (and directors and employees) is not responsible for any and all acts or omissions of users on LocalMarkets.ie. Please use caution, common sense, and practice safe buying and selling when using LocalMarkets.ie.
Other Resources: LocalMarkets.ie is not responsible for the availability of outside websites or resources linked to or referenced on the Site. LocalMarkets.ie does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that LocalMarkets.ie shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
8. Resolution of Disputes and Release
In the event a dispute arises between you and LocalMarkets.ie please contact LocalMarkets.ie.
Should you have a dispute with one or more users, or an outside party, you release LocalMarkets.ie (and LocalMarkets.ie directors and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. LocalMarkets.ie encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
LocalMarkets.ie, for the benefit of users, may try to help users resolve disputes. LocalMarkets.ie does so in LocalMarkets.ie's sole discretion, and LocalMarkets.ie has no obligation to resolve disputes between users or between users and outside parties. To the extent that LocalMarkets.ie attempts to resolve a dispute, LocalMarkets.ie will do so in good faith based solely on LocalMarkets.ie policies. LocalMarkets.ie will not make judgments regarding legal issues or claims.
9. LocalMarkets.ie's Intellectual Property
LocalMarkets.ie and other LocalMarkets.ie graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Dowdall McCann Ltd Ireland and/or other countries. LocalMarkets.ie's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
10. Access and Interference
Much of the information on LocalMarkets.ie is updated on a real-time basis and is proprietary or is licensed to LocalMarkets.ie by LocalMarkets.ie's users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access LocalMarkets.ie for any purpose without LocalMarkets.ie's prior express written permission. Additionally, you agree that you will not:
1. Take any action that imposes, or may impose, in LocalMarkets.ie's sole discretion, an unreasonable or disproportionately large load on LocalMarkets.ie's infrastructure
2. Copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content (except for your Content) from the Site without the prior expressed written permission of LocalMarkets.ie and the appropriate third party, as applicable
3. Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site
11. Breach
Without limiting any other remedies, LocalMarkets.ie may, without notice, and without refunding any fees, delay or immediately remove content, warn LocalMarkets.ie's community of a user's actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:
LocalMarkets.ie suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement, the Privacy Policy, or other policy documents and community guidelines incorporated herein; LocalMarkets.ie is unable to verify or authenticate any of your personal information or Content; Or LocalMarkets.ie believes that a user is acting inconsistently with the letter or spirit of LocalMarkets.ie's policies, has engaged in improper or fraudulent activity in connection with LocalMarkets.ie or the actions may cause legal liability or financial loss to LocalMarkets.ie's users or to LocalMarkets.ie.
12. Privacy
Except as provided in LocalMarkets.ie's Privacy Policy, LocalMarkets.ie will not sell or disclose your personal information (as defined in the Privacy Policy) to third parties without your explicit consent. LocalMarkets.ie stores and processes Content on computers located in the United States that are protected by physical as well as technological security.
13. No Guaranty
LocalMarkets.ie does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside LocalMarkets.ie's control.
14. Legal Compliance
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of LocalMarkets.ie's service and your listing, purchase, solicitation of offers to purchase, and sale of items.
15. Severability
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.
16. No Agency
You and LocalMarkets.ie are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
17. LocalMarkets.ie Service
LocalMarkets.ie reserves the right to modify or terminate the LocalMarkets.ie service for any reason, without notice, at any time. LocalMarkets.ie reserves the right to alter these Terms of Use or other Site policies at any time. If the alterations constitute a material change to the Terms of Use, LocalMarkets.ie will notify you via email to the email address in your account. What constitutes a "material change" will be determined at LocalMarkets.ie's sole discretion, in good faith, and using common sense and reasonable judgment.
18. Choice of Law
This Agreement shall in all respects be interpreted and construed with and by the laws of The Republic of Ireland and disputes arising under this Agreement will be adjudicated by the courts of The Republic of Ireland.
19. Survival
Sections 3 (Pricing and Services, Fees and Termination), 6 (Content), 7 (Information Control), 8 (Resolution of Dispute and Release), 9 (LocalMarkets.ie Intellectual Property), 10 (Access and Interference), 11 (Breach), 12 (Privacy), 13 (No Guaranty), 15 (Severability), 16 (No Agency), 18 (Choice of Law) shall survive any termination or expiration of this Agreement.
20. Notices
Except as explicitly stated otherwise, any notices shall be given by post to LocalMarkets.ie Attn: Legal; The Rubicon Centre, CIT Campus, Bishopstown, Cork, Ireland. (in the case of LocalMarkets.ie) or, in your case, to the email address you provide to LocalMarkets.ie (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, LocalMarkets.ie may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to LocalMarkets.ie. In such case, notice shall be deemed given three days after the date of mailing.
21. Disclosures
The services hereunder are offered by LocalMarkets.ie, The Rubicon Centre, CIT Campus, Bishopstown, Cork, Ireland.
