1 The Market Place buying and selling terms

GMP Ventures (BRN 38993330-000) (“us” or “we”) owns and operates The Market Place (TMP) site. As a registered user of this site, your use of it, including offering, selling, and buying on this site is subject to the terms set out in this section 1, The Market Place Site Terms of Use, as set out in section 2 below (which apply to all users of the TMP site), our Privacy Policy and any other rules, guidelines and policies referred to in these terms (collectively, the “Terms”.)

1.1 Transactions between sellers and buyers

TMP is not ever involved in the actual transaction between sellers and buyers. We are merely a passive conduit for the on-line distribution and publication of information about items advertised for sale. As a result, we have no control over and, to the extent permitted by law, make no warranties in relation to, the suitability, quality, safety or legality of any items advertised for sale on the TMP site, the accuracy or truth of any advertising listings on the TMP site or the ability of sellers and buyers to actually enforce or complete a transaction.

In the event of a dispute between a seller and buyer, the resolution of the dispute is the responsibility of the seller and buyer involved. TMP will not become involved in the resolution of any dispute between members of this site. Please see Dispute Policy for further information.

1.2 Placing an ad

i. If you place an advertisement (“ad”) on the TMP site you must also comply with our Rules for ad details.
ii. To the extent that you are legally able to, you hereby assign all copyright in your ad to us.
iii.You grant us a royalty free licence to use, reproduce, modify, adapt and sub-license any content you provide to us (to the extent that it is not owned by us under paragraph (b)) (“Your Content”) for the purposes of providing your ad and including Your Content in any other directory, product, service or marketing material provided or used by us.
iv. You agree that this agreement applies to the inclusion of Your Content in those other directories, products, services and marketing materials.

1.3 Minimum age and legal rights to sell, bid, buy or post comments

i. You must be at least 18 years of age to place an ad with us or buy an item via the TMP site, or submit any questions, responses or comments (“Posts”) on the TMP site.
ii. If you are a seller you must be legally able to sell the item you are advertising and not infringe on the Intellectual Property Rights of another person or organisation.

1.4 Usage rules

i. You warrant to us that you will not use the TMP site for any purpose (including if you are a seller, placing an ad) that is unlawful or prohibited by the Terms.
ii. You must not: 

a. data mine or conduct automated searches on the TMP site or the content on the TMP site, whether through the use of additional software or otherwise;
b. incorporate any of the content on the TMP site with any other material, including advertising or promotional material;
c. frame or mirror the TMP site without our prior written consent;
d. use the TMP site or any facilities available on the TMP site for any activities (including placing an ad), or transmit to or via the TMP site any information or material which: 
(A) breaches any laws or regulations;
(B) breaches the Terms;
(C) infringes a third party's rights (including intellectual property rights and rights of privacy) or misuses another person’s confidential information;
(D) is inappropriate, offensive, obscene, threatening, indecent, menacing, inflammatory, pornographic, defamatory, discriminatory, harasses any person or otherwise inhibits others from using or enjoying any of our sites;
(E) is false or misleading; 
(F) is an unsolicited commercial electronic message;
(G) impersonates another person (for example, by pretending to be someone else when you register as a member) or uses another user’s account without permission; or
(H) identifies a person or which can be used to identify a person (including any copy, photos or other pictorial representations) unless you have obtained that person's authority;
e. make unauthorised modifications to the content on the TMP site;
f. knowingly transmit any virus, worm, Trojan horse or other disabling feature to or via the TMP site; or

g. attempt to do, or permit another person to do, any of the above acts.
h. You may only buy or sell using the TMP Site if you reside in Hong Kong.
i. It is your responsibility to remove your ad from the TMP site once the item is sold

1.5 Our right to alter or withdraw your material

We may withdraw or alter any material you provide us (including if you are a seller, your ad) if:
i. we reasonably consider it is inappropriate, offensive, misleading or deceptive, defamatory, incorrect or in any other way in breach of the Terms (including any rules, guidelines or policies), any law or third party rights; or
ii. we are instructed to do so by any third party. We also reserve the right to select, edit, condense, determine the duration of, change the nominated "category" of, withdraw or refuse your ad.
We will attempt to tell you if we withdraw or alter any material you provide us.

1.7 Communications to you

i. Any communications or notices we send you in relation to your use of the TMP site are not intended to endorse or guarantee your transactions. We do not endorse or approve any information provided to you by other users of the TMP site and it is your responsibility to exercise caution and practise safe trading when transacting on the TMP site.
ii. You may receive service related emails from us and such messages will not include a functional unsubscribe facility.

1.8 Manipulation and improper use

You must not manipulate, or interfere with, any item or the price of any item advertised on the TMP site.

1.9 Fees

All listings on The Market Place are free of charge.

1.10 No Warranty

We take all reasonable care in compiling online advertising. However, the information on the TMP site is provided 'as is' and we do not warrant or represent that it is complete, current or free from errors or omissions.
We accept ads in good faith on the basis of warranties provided by each advertiser. We do not warrant or represent that the products or services advertised in ads on the TMP site will be suitable for any particular purpose, or that an advertiser has any particular qualifications or is legally entitled to carry on a particular business. You must investigate for yourself the suitability, quality and condition of any goods or services advertised on the TMP site.
It is your responsibility to verify any information on the TMP site, or provided to you by other users of the TMP site before relying on it.

1.11 Our liability to you

i. The terms that apply to our supply of the TMP site are those that are set out in this document and those implied by consumer protection laws to the supply of this service that are unable to be excluded. No other terms apply.
ii. We accept our liability to you for breach of contract or negligence under the principles applied by the courts, but:
a. we are not liable for any loss to the extent it is connected with any dispute between you and one or more other users of the TMP site, including in relation to transactions entered into with other users of the TMP site;
b. we are not liable for any loss to the extent that it is caused by you (for example, through your negligence or breach of contract);
c. we are not liable for any loss to the extent that it results from your failure to take reasonable steps to avoid or minimise your loss; and
d. we are not liable for any loss caused by us failing to comply with our obligations to you where that loss is caused by events outside our reasonable control (such as a malfunction in equipment or software, Internet access difficulties or delay or failure of transmission).
e. we are not liable for any loss caused by the alteration, withdrawal or restoration of any material in accordance with our terms and policies.
iii. You release us from all claims, demands, damages, costs, penalties and liabilities whatsoever arising out of or in connection with a dispute between you and any other user of the TMP site.

1.12 Your liability to us

i. You are liable to us for breach of contract or negligence under the principles applied by the courts. However, you are not liable to us for any loss to the extent that it is caused by us (for example through our negligence or breach of contract).
ii. You agree to indemnify us and our officers, employees and agents, against all claims, demands, damages, costs, penalties and liabilities caused by your breach of the Terms.

1.13 Termination, suspension and limitation of your access - material breach by you

i. We may bar, suspend, terminate or limit your access to the TMP site at any time if you are in material breach of the Terms and:
a. we have told you in writing of your breach and you have failed to remedy it within the specified time frame; or
b. the breach is something which cannot be remedied (in which case we can bar, suspend, terminate or limit your access to the TMP site immediately by telling you).
ii. If you are in material breach of our terms and conditions and we have barred, terminated, suspended, or limited your access, you must not circumvent this action by any means, including but not limited to placing a further ad under another account name or pseudonym. If we identify that this has taken place the ad will be immediately removed without further notice to you and you will forfeit all fees paid.

1.14 Our other rights to terminate, suspend or limit your access

We may suspend, terminate or limit your access to the TMP site with as much warning as we reasonably can, if:
i. we reasonably believe that there is a real risk of loss or damage to us or another if we do not suspend, terminate or limit your access to the TMP site (including credit risk resulting from you not paying any fees owed to us on time);
ii. the law requires us to do so;
iii. we believe on reasonable grounds that providing access to the TMP site to you is illegal or may become illegal;
iv. there is an emergency; or
v. we have received a serious complaint or multiple complaints regarding your activity and/or membership.

1.15 Member to Member Communications

We remind you that when communicating with another member or members to always behave in a courteous and fair manner. TMP reserves the right to suspend or ban any member who:
i. use harmful or abusive language, expletives or profanities, obscenities, racist language, discriminatory or harassing, threatening, offensive, vulgar or sexually explicit language;
ii. commercial messages or advertising material;
iii. defamatory comments;
iv. confidential information, including the identities and personal information of any other member;
v. materials other than text (e.g. executable files, html);
vi. any illegal material;
vii. posting copyright content without permission of the owner;
viii. comments that advertise other websites, other message boards or other companies; or
Members should note that they may be held legally responsible for damages to another members’ reputation if a court were to find the remarks defamatory.

Members should also exercise caution when giving their personal details to another member (to complete a transaction) and TMP is not liable for any loss caused to you or another member for doing so.

1.15 Additional Guidelines and Policies

The following policies also apply to your use of the TMP site in addition to the other rules, guidelines, policies and terms referred to elsewhere in these Terms. You agree to be bound by the terms contained in these policies, rules and guidelines:
i. Privacy Policy
ii. Dispute Policy


2. The Market Place Site Terms of Use

2.1 Links to other sites

The Market Place cannot take any responsibility for the content of any other website accessed by hypertext link and links should not be taken as endorsement of any kind.

2.2 Use of The Market Place logo, graphics and copy

All materials (including without limitation all articles, text, images, logos etc.) are the sole property The Market Place unless identified otherwise. Permission to reproduce any material on this website must be obtained from The Market Place before use.

If you have any feedback or questions regarding our Terms and Conditions, please contact us at info@themarketplace.com.hk