1.1. Welcome to Marbazzar, a shopping marketplace where users can create Seller Accounts and Buyer Accounts to list, sell and purchase Products. These User Accounts Terms and Conditions ('Terms') govern your use of the Marbazzar platform and the creation, management and use of your User Accounts. The purpose of these Terms and Conditions is to establish a clear understanding of the rights and responsibilities of all parties involved in the use of Marbazzar's platform, and to ensure a fair, safe, and enjoyable experience for both sellers and buyers.
1.2. Please read these Terms carefully before registering an account on Marbazzar. By using our platform, you acknowledge that you have read, understood, and agree to comply with these Terms. If you do not agree with any part of these Terms, you must not register an account or use Marbazzar's services.
1.3. In the event of any conflict or inconsistency between these User Accounts Terms and Conditions and any other policies, guidelines, or requirements, the provisions of these User Accounts Terms and Conditions shall prevail.
2.1.1. In these User Accounts Terms and Conditions, the following terms shall have the meanings set out below:
2.1.1.1. “Marbazzar” means the shopping marketplace platform operated by Marbazzar, Inc., allowing Users to create accounts, list, buy, and sell Products.
2.1.1.2. “User Accounts” refers to both Seller Accounts and Buyer Accounts, which Users create in order to access and use the services provided by Marbazzar.
2.1.1.3. “Seller Account” means an account on Marbazzar, held by Users who wish to list and sell Products.
2.1.1.4. “Buyer Account” means an account on Marbazzar, held by Users who wish to browse, purchase, and receive Products.
2.1.1.5. “Products” refers to the goods and services listed for sale on Marbazzar by Sellers.
2.1.1.6. “Listings” means the individual product pages on Marbazzar containing the details, images, and pricing information of the Products being offered for sale.
2.1.1.7. “Fees” refers to the charges levied by Marbazzar upon Sellers for the use of the platform and the services provided.
2.1.1.8. “Orders” means purchase requests placed by Buyers for the Products listed on Marbazzar.
2.1.1.9. “Payments” refers to the transactions processed between Buyers and Sellers for the purchase of Products on Marbazzar.
2.1.1.10. “Refunds” means the return of Payments to Buyers in accordance with the Returns and Refunds policy outlined in these Terms and Conditions.
2.2.1. Marbazzar reserves the right, at its sole discretion, to amend, modify, or update these User Accounts Terms and Conditions at any time and without prior notice. If changes are made, Marbazzar will notify Users by posting the updated Terms and Conditions on its website and indicating the date of the most recent revision and by email. Continued use of the Marbazzar platform following the posting or notification of any changes to the Terms and Conditions constitutes acceptance of those changes.
3.1. To register an account on Marbazzar, users must provide accurate and complete information as required during the registration process. There are two types of User Accounts: Seller Accounts and Buyer Accounts.
3.2. By registering an account, whether as a seller or buyer, users agree to adhere to these User Accounts Terms and Conditions, as well as any other applicable policies and guidelines provided by Marbazzar.
3.3. Marbazzar reserves the right to refuse registration or to suspend or terminate any User Account at its sole discretion and without prior notice, in case of violation of these Terms and Conditions or any applicable laws and regulations.
3.4.1. To be eligible for a Buyer Account on Marbazzar, individuals must be at least 18 years old. Seller Accounts are designated for registered businesses only. It is essential to provide accurate information about personal or business identity during the registration process to ensure adherence to the eligibility criteria.
3.5.1. To register a Seller Account or a Buyer Account on Marbazzar, you will be required to provide certain personal information and details, such as your full name, email address, phone number, and a unique password. Additional information may be required depending on the type of account you are registering for.
3.5.2. For Seller Account registration, you may be required to provide business-related information, including your business name, business address, tax identification number, and bank account details for receiving payments from Marbazzar. You may also be required to provide your name and business email address.
3.5.3. For Buyer Account registration, you may be required to provide your name, email address, shipping address and billing information, such as a credit card or other accepted payment methods. You can also, upon your choice, provide your facial features and bodily measurements for the creation of 3D avatar for trying the Products available on Marbazzar.
3.5.4. It is your responsibility to ensure that the information you provide is accurate, complete, and up-to-date. Failure to provide required information or providing false or incomplete information may result in the suspension or termination of your User Account. Marbazzar reserves the right to verify any information you provide at any time.
3.6.1. You are responsible for maintaining the security of your Seller Account or Buyer Account (collectively, “User Accounts”) and ensuring that unauthorized persons do not access or use your User Accounts.
3.6.1.1. You must keep your username, password, and any other authentication information confidential and must not disclose them to any third party. If you become aware of any unauthorized access or use of your User Accounts, you must promptly notify Marbazzar.
3.6.1.2. Marbazzar has the right to assume that anyone using your User Accounts is either you or someone authorized by you, and Marbazzar will not be liable for any loss or damage resulting from any unauthorized use of your User Accounts.
3.7.1. Account Validation. Upon successful completion of the registration process, Marbazzar may, at its sole discretion, validate the User Accounts to verify the accuracy and legitimacy of the information provided by the users. Marbazzar reserves the right to request additional documentation or information from users to confirm their identity or the validity of their Seller Account or Buyer Account.
3.7.1.1. Validation Failure. If Marbazzar is unable to validate a user's account or suspects fraudulent or suspicious activity, Marbazzar reserves the right to suspend or terminate the User Account without prior notice. Users may be required to provide additional information or cooperate with Marbazzar in order to resolve any account validation issues.
3.7.1.2. Account Reinstatement. If a user's account has been suspended or terminated due to validation failure, the user may submit a request for account reinstatement along with any required documentation or information to Marbazzar. The decision to reinstate a User Account shall be at Marbazzar's sole discretion.
3.8.1. We may, at our sole discretion, suspend or terminate your Seller Account or Buyer Account (collectively, “User Accounts”) with Marbazzar if we believe that you have violated or acted inconsistently with these Terms and Conditions or any applicable laws or regulations.
3.8.2. Upon suspension or termination of your User Account, your access to Marbazzar 's services, including but not limited to Listings, Orders, Payments, and Refunds, may be restricted, limited, or prohibited.
3.8.3. If your Seller Account is suspended or terminated, any active Listings may be removed or hidden from Marbazzar 's platform, pending Orders may be canceled, and Fees owed to Marbazzar may become immediately due and payable.
3.8.4. If your Buyer Account is suspended or terminated, you may be unable to access or complete Orders, make Payments, or request Refunds for any Products purchased on Marbazzar 's platform.
3.8.5. You have the right to terminate your User Account at any time by contacting us and providing written notice. If you terminate your User Account, you will remain liable for any outstanding Fees, Payments, or other obligations incurred prior to the termination date.
This section outlines the terms and conditions governing your Seller Account on Marbazzar. By using a Seller Account to list and sell Products on Marbazzar, you agree to be bound by these terms and conditions, as well as the general User Accounts terms and conditions.
4.1. As a seller, you are responsible for creating listings that accurately describe the Products you offer for sale on Marbazzar, setting appropriate prices, fulfilling Orders, and providing customer service to buyers who purchase your Products. You also agree to maintain a high standard of quality and professionalism in all aspects of your interaction with the Marbazzar community and customers.
4.2. You are required to comply with all applicable laws, regulations, and Marbazzar policies related to your Seller Account and your Products, including but not limited to consumer protection, data privacy, and intellectual property rights.
4.3. Marbazzar reserves the right to monitor listings, Orders, and communications between you and buyers, and may suspend or terminate your Seller Account for any violation of these terms and conditions or for any other reason, at its sole discretion.
4.4. By using a Seller Account, you acknowledge and agree that Marbazzar may charge Fees for various services, including but not limited to transaction fees, listing fees, and promotional fees. You are responsible for paying all applicable Fees and understanding Marbazzar's fee structure.
4.5. It is your responsibility to provide accurate, current, and complete information about your Seller Account, including contact information, payment details, and tax information. You must keep this information up-to-date to ensure proper communication and payment processing.
4.6.1. As a Seller Account holder, you are allowed to list and sell your Products on Marbazzar. By listing your Products, you agree to comply with all applicable laws, regulations, and Marbazzar policies regarding the Products and Listings.
4.6.1.1. You are responsible for providing accurate and complete information regarding the Products, including but not limited to, product descriptions, images, dimensions, weight, and any other relevant details.
4.6.1.2. Marbazzar reserves the right to review, edit, or remove any Listings that violate the User Accounts Terms and Conditions or any other Marbazzar policy or are otherwise deemed inappropriate, at its sole discretion.
4.7.1. When listing Products on Marbazzar, Seller Accounts are required to provide an accurate and detailed description of the Products, including but not limited to the key features, specifications, dimensions, materials used, and any other relevant information that may help Buyers make an informed decision.
4.7.2. Sellers must ensure that the Product Description does not include any misleading or false information and must not infringe upon the intellectual property rights of any third parties. Marbazzar reserves the right to remove or edit any Listings that are found to be in violation of these terms.
4.7.3. Sellers are encouraged to provide high-quality images and multimedia content to enhance the Product Description, ensuring that Buyers have a clear understanding of the Product's appearance and functionality. All images and multimedia content must accurately represent the Product being sold and not infringe on the rights of any third parties.
4.7.4. By listing Products on Marbazzar, Sellers warrant that the Products comply with all applicable laws, regulations, and safety standards, and that they hold the necessary rights and permissions to sell the Products. Marbazzar shall not be held liable for any non-compliant Products listed by Sellers on the platform.
4.8.1. Sellers on Marbazzar are required to determine the prices for their Products, including any discounts or promotions, in accordance with applicable laws and regulations. Prices must be clearly stated in the Listings, including any taxes or additional charges that may apply.
4.8.2. Marbazzar charges Fees on the sale of Products through its platform. These Fees may include, but are not limited to, commission Fees based on a percentage of the sale price, subscription Fees for maintaining a Seller Account, and any additional service Fees that Marbazzar may offer. The specific Fees and their amounts will be communicated to Sellers prior to them being charged.
4.8.3. All Fees are subject to change at Marbazzar's sole discretion. Marbazzar will provide reasonable notice to Sellers of any Fee changes, and the continued use of the platform following such notice will constitute the Seller's acceptance of the new Fees.
4.8.4. Sellers are responsible for paying all applicable Fees in a timely manner and in accordance with the payment methods specified by Marbazzar. Failure to pay Fees may result in account suspension or termination, in addition to any other remedies available to Marbazzar under the User Accounts Terms and Conditions or applicable law.
4.9.1. Sellers are responsible for fulfilling and shipping orders for their Products listed on Marbazzar. Once a buyer places an order, the seller must process the order and ship the purchased Product within the specified shipping time frame.
4.9.1.1. Sellers must ensure that their shipping methods are reliable and can deliver the Products to the buyer in a timely manner. They must also provide accurate tracking information for the buyer to follow the progress of their shipment.
4.9.1.2. In case of any delays in shipment or delivery, sellers must promptly inform the buyer and provide an updated delivery timeline. Sellers may be required to offer a refund or other compensation to the buyer, in accordance with the Refunds section of these User Accounts Terms and Conditions.
4.9.1.3. Sellers are responsible for any customs, taxes, and duties associated with international shipments, and must ensure that their Products meet the requirements and regulations of the destination country. Failure to do so may lead to account suspension or termination.
4.10.1. Seller Ratings and Reviews are an integral part of the Marbazzar marketplace, designed to provide Buyers with accurate and reliable information about Sellers and their Products. Buyers are encouraged to leave their feedback on the Sellers' performances, sharing their experiences and helping others make an informed decision when choosing a Seller.
4.10.2. Buyers can rate a Seller on a scale of 1 to 5 stars, with 1 being the lowest and 5 being the highest score. Additionally, Buyers can leave written Reviews describing their experiences in detail.
4.10.3. Sellers must not manipulate their Ratings and Reviews either by creating fake Buyer Accounts, influencing Buyers to leave positive feedback, or offering incentives in exchange for good reviews. Marbazzar reserves the right to monitor and remove any fraudulent or misleading Ratings or Reviews at any time.
4.10.4. Sellers are also not allowed to ask Buyers to remove negative Reviews or change their Ratings. If a Seller believes that a Buyer's feedback is inaccurate, they may contact the Buyer to resolve the issue and ask the Buyer to update the Review voluntarily, if appropriate.
4.10.5. Marbazzar may take a Seller's Ratings and Reviews into consideration when determining the visibility of the Seller's Listings on the marketplace, the eligibility for promotional programs, or any other privileges. Sellers with consistently low Ratings and Reviews may face penalties, including but not limited to the suspension or termination of their User Accounts.
5.1. A Buyer Account allows users to purchase Products from Sellers on Marbazzar. When creating a Buyer Account, users must provide accurate and complete information as prompted by the registration process.
5.2. One of the unique features of Marbazzar is the ability to create a 3D avatar of the buyer's body using a 3D body scan. This feature enables buyers to virtually try on Products before making a purchase, providing a more realistic and personalized shopping experience.
5.3. By using the 3D avatar feature and creating the 3D avatar, buyers acknowledge and agree that their facial features and body measurements will be processed to create a digital representation of their appearance. To the maximum extent permitted by law, buyers also acknowledge and accept that such data will be used to train an AI model, enabling Marbazzar to offer a more accurate and personalized avatar.
5.4.1. Users with a Buyer Account may place Orders for Products listed on Marbazzar. To place an order, buyers must add the desired Products to their shopping cart and proceed to the checkout page.
5.4.2. During the checkout process, buyers must provide accurate and complete information, including shipping and billing details, required for the successful processing of their Orders. Any incorrect or incomplete information may result in delays or potential cancellation of the Order.
5.4.3. Buyers are responsible for reviewing all Listings and Product descriptions before placing an Order. Marbazzar is not responsible for any inaccuracies or discrepancies in the Listings or Product descriptions.
5.4.4. Upon placing an Order, the buyer will receive a confirmation email with a summary of their purchase, including Order details and the total amount due, including applicable taxes and Fees. Payments must be made using the available Payment Methods on Marbazzar.
5.5.1. Marbazzar offers Buyers the option to create a 3D avatar of their bodies by recording a video. This feature allows the platform to process the Buyers' facial features and body measurements, providing a personalized and immersive experience while shopping on Marbazzar.
5.5.2. Buyers can choose to use this functionality and voluntarily provide their personal data. The personal data used for this purpose will be processed by an AI model, ensuring a more accurate representation of the Buyer's body and appearance.
5.5.3. By using this feature, Buyers acknowledge and agree that their personal data, including facial features and body measurements, will be processed by the AI model. Marbazzar ensures that this data will not be shared with any third parties and will be used solely for the purpose of creating the 3D avatar.
5.5.4. It is important for Buyers to understand that the processing of their personal data, particularly through AI, may have inherent risks and limitations. However, Marbazzar is committed to maintaining a high standard of privacy and data protection in accordance with applicable laws and regulations.
5.6.1. Buyers may request to cancel or modify their Orders within Cancellation Timeframe after placing the original Order. To request a cancellation or modification, Buyers should contact the Seller through the Marbazzar platform. The Seller has the discretion to accept or reject the request based on their own policies and the status of the Order.
5.6.2. If the Seller agrees to cancel or modify the Order, they must update the Order status accordingly on the Marbazzar platform. Buyers will be notified of the changes and, if necessary, will receive a refund according to the Refunds section of these User Accounts Terms and Conditions.
5.6.3. Buyers who fail to request Order cancellations or modifications within the aforementioned Cancellation Timeframe may not be eligible for refunds or changes to the Orders. Late requests will be handled on a case-by-case basis, at the discretion of the Seller.
5.6.4. In case of disputes arising from Order cancellations or modifications, Buyers and Sellers are encouraged to engage in good faith negotiations to resolve the issue. If the parties cannot reach an agreement, they may refer to the Dispute Resolution section of these User Accounts Terms and Conditions for further guidance.
5.7.1. Payment Methods. When purchasing Products through Marbazzar, Buyers can choose from various payment methods made available on the platform. These may include credit or debit cards, bank transfers, electronic wallets, and other accepted payment methods. Marbazzar reserves the right to add or remove payment methods at its sole discretion and without notice.
5.7.2. All payments must be made in the currency specified on the Buyer Account and charged by the Seller Account. Buyers are responsible for any conversion fees, bank charges, or other costs associated with making payments in the specified currency.
5.7.3. By providing a payment method, Buyers represent and warrant that they are authorized to use the payment method and that they authorize Marbazzar, or a third-party payment processor, to charge their payment method for the total amount of their Orders, including applicable Fees and taxes.
5.7.4. Marbazzar takes reasonable measures to ensure the security of all transactions on the platform. However, Buyers are solely responsible for securing their account login credentials and monitoring their account activity. Marbazzar is not liable for any unauthorized transactions on a Buyer Account.
5.8.1. Shipping and Delivery of Products are subject to the policies and processes of the respective Seller Account holders. Marbazzar is not responsible for the shipping and delivery of Products, as these actions are managed and executed by the seller.
5.8.2. Upon placing an Order, Buyer Account holders will be provided with an estimated delivery date for their Products. Delivery dates are determined by the seller and may vary based on factors such as shipping method, location, and availability of the Products.
5.8.3. Buyers are responsible for providing accurate shipping information during the checkout process. Marbazzar and the Seller are not liable for any delays or delivery failures resulting from inaccurate or incomplete shipping information provided by the Buyer.
5.8.4. Shipping fees and delivery times may vary depending on the Seller, the Products being purchased, and the shipping destination. Buyer Account holders are advised to review shipping and delivery information provided by the Seller in their Listings before placing an Order.
5.8.5. In the event of delivery issues or disputes, Buyers should first contact the respective Seller to resolve the issue. If the Buyer and Seller are unable to reach a satisfactory agreement, the Buyer may escalate the dispute as per the Dispute Resolution procedures outlined in these User Accounts Terms and Conditions.
5.9.1. Returns and refunds on Marbazzar are subject to the terms and conditions specified in this section. Buyers must comply with these terms to be eligible for a return or refund.
5.9.2. To request a return or refund for a purchased Product, a Buyer must initiate a return request within ReturnRequestDays days of receiving the Product. Returned Products must be unused, unaltered, and in the same condition as when they were received, with all original packaging, accessories, and documentation.
5.9.3. Sellers are responsible for reviewing and processing return requests in a timely manner. They must either approve or reject the request within seven days of receipt. If a return request is approved, the Buyer must ship the returned Product to the Seller within seven days.
5.9.4. The Buyer is responsible for shipping costs associated with returning a Product unless the return is due to a product defect, an incorrect item was shipped, or the Seller otherwise agrees to cover the shipping costs.
5.9.5. Upon receipt of a returned Product, Sellers have RefundTimeframe days to inspect the Product and issue a refund. Refunds will be processed using the same payment method used for the initial purchase.
5.9.6. Marbazzar reserves the right to withhold or deny refunds in cases of fraud, misuse, or violation of the User Accounts Terms and Conditions.
5.9.7. In case of disputes arising from returns and refunds, Buyers and Sellers are encouraged to communicate directly and resolve the issue amicably. If the parties fail to reach a resolution, they may seek assistance from Marbazzar or engage in the Dispute Resolution process as outlined in these Terms and Conditions.
6.1. Buyer-Seller Disputes
6.1.1. In the event of a dispute arising between a Buyer and a Seller under these User Accounts Terms and Conditions, both parties are encouraged to resolve the issue amicably, taking into consideration the specific circumstances of the dispute.
6.1.2. Buyers and Sellers should follow the dispute resolution process described in the Marbazzar platform, which includes communication between the parties involved through the designated messaging tools provided by Marbazzar.
6.1.3. It is important for both Buyers and Sellers to provide accurate and complete information related to the dispute, including any relevant documentation or evidence, to support their claim or defense.
6.1.4. Resolution of disputes may involve adjustments to Orders, Payments, Refunds, Fees, Listings, or other actions on the Seller Account or Buyer Account. Both parties are required to comply with the resolution reached, as well as any applicable Marbazzar policies.
6.1.5. Marbazzar's role in dispute resolution between Buyers and Sellers is limited to providing a platform for communication and facilitating transactions. Marbazzar does not act as an arbitrator, mediator, or decision-making authority in disputes between Users.
6.1.6. If Users are unable to resolve a dispute independently, they may escalate the issue to Marbazzar's customer support team. Marbazzar may, at its sole discretion, offer support and guidance to the Parties in resolving the dispute, including reviewing evidence submitted by the Parties and making non-binding recommendations on the appropriate resolution.
6.1.7. Marbazzar reserves the right to suspend or terminate a Seller Account or Buyer Account involved in a dispute, particularly if a User is found to be in violation of the User Accounts Terms and Conditions or applicable laws.
6.1.8. Users acknowledge and agree that Marbazzar is not liable for any loss, damage, or inconvenience resulting from disputes between Buyers and Sellers, and they release Marbazzar from any claims, demands, or damages arising from such disputes.
6.1.9. Should the Parties remain unable to agree on a resolution despite Marbazzar's involvement, they may choose to escalate the dispute to mediation. The Parties shall mutually agree on a mediator and bear the costs of the mediation equally, unless otherwise agreed upon by the Parties or directed by the mediator. Both Parties agree that any decision reached by the mediator shall be final and binding, subject to any applicable rights of appeal.
6.1.10. If a dispute between a buyer and a seller cannot be resolved through Marbazzar's dispute resolution process, either party may pursue legal remedies. In pursuing legal remedies, users agree to indemnify, defend, and hold harmless Marbazzar, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including attorney fees and costs, arising out of or in any way connected with the dispute.
7.1. All intellectual property rights, including but not limited to copyrights, trademarks, patents, and trade secrets, associated with the Marbazzar website, its content, the Products, and Listings (collectively, 'Intellectual Property') are owned by their respective owners, which may include Marbazzar, its affiliates, or third parties. Nothing in these User Accounts Terms and Conditions grants any right, title, or interest in or to any Intellectual Property, except as expressly provided herein.
7.2. Users of Seller Accounts and Buyer Accounts agree to respect the intellectual property rights of others and to only list or purchase Products that are not in violation of any applicable intellectual property laws. Any unauthorized use, copying, distribution, or display of any Intellectual Property is strictly prohibited and may result in the suspension or termination of your User Account.
7.3. If you believe that your Intellectual Property rights have been infringed in any way through the use of Marbazzar, please notify Marbazzar by providing a detailed description of the alleged infringement, including (a) the specific Intellectual Property that is being infringed, (b) proof of ownership or a valid license to the Intellectual Property at issue, and (c) information on how the infringement can be found on the Marbazzar website. Marbazzar will investigate and, if needed, take appropriate action in accordance with applicable laws and its policies.
8.1. You agree to indemnify, defend, and hold harmless Marbazzar, its affiliates, and their respective directors, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees, arising out of or in any way connected with your access to or use of your User Account, whether it be a Seller Account or Buyer Account, and your activities on Marbazzar, including but not limited to the Listings, the sale or purchase of Products, any violation of these Terms and Conditions, or any infringement or misappropriation of any intellectual property or other rights of any third party.
9.1. To the maximum extent permitted by applicable law, in no event shall Marbazzar, its affiliates, directors, officers, employees, or agents be liable for any direct, indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or relating to your use of the User Accounts, Seller Account, Buyer Account, or any transactions involving Products, Listings, Fees, Orders, Payments, or Refunds under these Terms and Conditions.
9.2. Without prejudice to the generality of the foregoing paragraph, Marbazzar expressly disclaims any liability for any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, any interruption or cessation of transmission to or from the User Accounts, Seller Account, or Buyer Account, any bugs, viruses, trojan horses, or the like which may be transmitted to or through the User Accounts, Seller Account, or Buyer Account, and any errors, omissions, inaccuracies, or losses in any Listings, Product descriptions, Pricing, Fees, Orders, Payments, or Refunds.
9.3. In any case, Marbazzar's liability shall be limited to the amount paid by you, if any, for accessing or using the User Accounts, or otherwise receiving the benefit of the Products, Listings, Fees, Orders, Payments, or Refunds provided under these Terms and Conditions in the six months preceding the incident prior to the claim. You acknowledge and agree that this limitation of liability is a reasonable allocation of risk and is a fundamental element of these Terms and Conditions.
10.1. DISCLAIMER OF WARRANTIES: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MARBAZZAR PROVIDES THE SERVICES, USER ACCOUNTS, SELLER ACCOUNTS, BUYER ACCOUNTS, PRODUCTS, LISTINGS, AND ALL RELATED INFORMATION AND CONTENT ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
10.2. LIMITATION OF LIABILITY: IN NO EVENT SHALL MARBAZZAR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF ITS SERVICES, USER ACCOUNTS, SELLER ACCOUNTS, BUYER ACCOUNTS, PRODUCTS, LISTINGS, OR ANY OTHER MATTER HEREUNDER, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF M Marbazzar HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MARBAZZAR'S TOTAL AGGREGATE LIABILITY FOR ANY CLAIMS ARISING OUT OF THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO MARBAZZAR DURING THE SIX (6) MONTHS PRECEDING THE INCIDENT GIVING RISE TO THE CLAIM.
11.1. These User Accounts Terms and Conditions for Marbazzar shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.
11.2. In the event of any dispute, claim, or controversy arising out of or in connection with these Terms, the parties agree to negotiate in good faith to resolve such dispute before resorting to arbitration.
11.3. If the parties are unable to resolve the dispute through good faith negotiations, they agree to submit to binding arbitration administered by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”) in accordance with its Comprehensive Arbitration Rules and Procedures then in effect.
11.4. The arbitration shall be held in the State of Delaware, United States, and the judgment of the arbitrator(s) shall be final and binding on the parties, subject to any right of judicial review or appeal under applicable law.
11.5. In the event that arbitration is not successful or in instances where arbitration may not apply, the parties irrevocably agree to submit to the exclusive jurisdiction of the courts located in the State of Delaware, United States, for the resolution of any disputes arising out of or in connection with these Terms.
12.1. Severability and Waiver
12.1.1. Severability. If any provision of these User Accounts Terms and Conditions is found to be invalid, illegal, or unenforceable under applicable law, that provision shall not affect the enforceability of the remaining provisions, which shall continue in full force and effect. The invalid, illegal, or unenforceable provision shall be construed to the maximum extent possible to give effect to the original intent of the parties or, if that is not possible, replaced by a provision that comes closest to the original intent and is valid, legal, and enforceable.
12.1.2. Waiver. No waiver of any term, provision, or condition of these User Accounts Terms and Conditions, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition. Failure by Marbazzar to exercise any right or remedy under these Terms shall not operate as a waiver of that right or remedy.
12.2. Force Majeure
12.2.1.1. Neither Marbazzar nor any User (Seller Account or Buyer Account) shall be liable or responsible to the other party for any failure or delay in fulfilling or performing its obligations under these Terms and Conditions when such failure or delay is due to force majeure events, including but not limited to, acts of God, war, terrorism, natural disasters, severe weather, pandemics, governmental orders, or any other circumstances beyond the reasonable control of the affected party.
12.2.1.2. If a force majeure event occurs, the affected party shall promptly notify the other party and shall use reasonable efforts to minimize the impact of the event. The obligations and rights of the affected party shall be suspended during the continuance of the force majeure event, provided that if the force majeure event continues for more than 30 days, either party may terminate its relationship with the affected party by providing written notice.
12.2.1.3. In case of termination due to a force majeure event, neither party shall be held liable for any damages, losses, or costs arising from or in connection with such termination, including but not limited to, any Fees, Payments, or Refunds, which will be handled according to the applicable provisions of these Terms and Conditions.
12.3. Entire Agreement
12.3.1. This Agreement, including any documents incorporated by reference, constitutes the entire agreement between you and Marbazzar regarding the use of the User Accounts, Seller Account, and Buyer Account services, and supersedes all prior agreements, understandings, communications, and proposals, whether oral or written, between you and Marbazzar concerning the subject matter hereof.
01/20/2024
