By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the “user” or “you”) agree to be bound by this Agreement, including those additional terms and conditions and policies reffered to here and/or available by hyperlink. This Agreement applies to all users of the Site, including without limitation users who are sellers, customers, merchants, contributors of content, information and other materials or services on the Site.
If you have any questions, please email us at firstname.lastname@example.org.
WHAT IS MATCHA5 MARKETPLACE?
The ethos of matcha5 is to provide an online platform to support rural and underprivileged artisans’ handicraft businesses. We reserve the right to remove sellers that do not fall within this framework at any time.
matcha5 supports rural and underprivileged artisans. matcha5 champions sellers that physically own their stock or work directly with such artisans to sell. We do not support retailers who buy from artisans and have already done a retail mark-up to the products they sell on our platform. If a seller is thought to be a retailer then matcha5 at its own discretion may remove that seller’s account(s) from the site without notice or prior warning to the seller and shall take any measures it deems necessary to ensure that subsequent retailer accounts are not opened on the Site.
MATCHA5 MARKETPLACE IS A VENUE
matcha5 Marketplace acts as a venue to allow users, who comply with this agreement. matcha5’s policies to offer, sell and buy certain goods within a fixed-price format. matcha5 is not directly involved in the transactions between buyers and sellers. matcha5 only provides training and business support to its sellers. As a result, matcha5 has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. matcha5 does not pre-screen all content or information provided by users. matcha5 cannot ensure that a buyer or seller will actually complete a transaction.
Consequently, matcha5 cannot and does not transfer legal ownership of items from the seller to the buyer.
matcha5 cannot guarantee the true identity, age, and nationality of a user and encourages you to communicate directly with potential transaction partners through the tools available on the Site and asks that you do not arrange to meet users from the Site in person.
You agree that matcha5 is a venue 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 matcha5. You use the matcha5 service at your own risk.
Age: matcha5’s 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. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. matcha5 may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and may change its eligibility criteria at any time without notice to you. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.
Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes payable as a result of your activity on the Site. In addition, you agree to abide by matcha5’s policies as stated in this Agreement and listed below (if applicable to your activities on or use of the Site) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by matcha5, each of which is incorporated herein by reference and each of which may be updated by matcha5 from time to time without notice to you:
In addition, some services offered through the Site may be subject to additional terms and conditions published by matcha5 from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
Password: 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 matcha5 of any unauthorised use of your password or any breach of security. You also agree that matcha5 cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and/or password information to any other party other than matcha5 without matcha5’s express written permission.
Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email and address. To sell items on matcha5 you must provide and maintain a valid PayPal account and postal address.
Account Transfer: You may not transfer or sell your matcha5 account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
Account Ownership: matcha5 VENDORS may only hold and operate one active selling account at any one time and the selling account must only be operated by the named account holder. If a secondary account is required then the VENDOR must request prior written permission matcha5. matcha5 reserves the right to reject any such request and may, at its discretion, terminate additional selling accounts or selling accounts being operated by a person other than the named account holder without prior warning.
Feedback: matcha5 takes feedback integrity seriously. Sellers may offer small incentives for general feedback, however manipulation and/or bribery is not tolerated. This includes feedback from a related account, offering incentives/bribes in return for specific feedback. matcha5 team reserve the right to remove any feedback which it suspects has been posted as a result of such manipulation or bribery and may close the seller account to which it relates.
Right to Refuse Service: matcha5 reserves the right to refuse service to anyone at any time. matcha5’s services are not available to temporarily or indefinitely suspended matcha5 members. matcha5 reserves the right, in matcha5’s sole discretion, to cancel unconfirmed or inactive accounts.
FEES AND SERVICES
Vendors are not charged any setup or membership fee. matcha5 charges a percentage of the sale price when the item sells. matcha5’s Features and Fees are subject to change, are incorporated into this Agreement by reference. Increase to the Features & Fees for matcha5’s services are effective after matcha5 provides you with at least thirty (30) days’ notice by posting the changes on the Site. However, matcha5 may choose to temporarily change the Features & Fees for its services for promotional events; such changes are effective when matcha5 posts the temporary promotional event on the Site. matcha5 may decrease the fees as stated in the matcha5 with no notice to you. matcha5 may, at its sole discretion, change some or all of matcha5’s services at any time. In the event matcha5 introduces a new service, the fees for that service are effective at the launch of the new service. Unless otherwise stated, all fees are quoted in USD.
Vendor accounts must stay up-to-date with all fees owed or the account may be suspended until all outstanding fees are paid in full for example in the event of insufficient funds maintained in vendor account for refunds. A Vendor account can be closed or downgraded at any time and it is the responsibility of the Vendor owner to manually terminate their Vendor status from their Account page.
All fees are inclusive of VAT where applicable. matcha5 recommends that you research whether you are liable to declare such taxes to the relevant tax authorities.
Fees and Termination: If matcha5 terminates a listing or your account, if you close your account, or if the payment of your matcha5 fees cannot be completed for any reason, you remain obligated to pay matcha5 for all unpaid fees plus any penalties, if applicable. If the seller’s account is not paid in full, the seller risks penalties such as the suspension of privileges, termination of the account and/or legal action. If you have a question or wish to dispute a charge, contact matcha5.
LISTING AND SELLING
Listing Description: By listing an item on the Site you warrant that you and all aspects of the item comply with matcha5’s published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your listing. Your listings may only include text descriptions, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. If the “in stock” quantity is more than one, all items in that listing must be identical with the only exception being minor variations arising from items being hand-finished which must be included on the listing.
Binding Sale: All sales are binding. The seller is responsible for shipping up to the point of delivery or otherwise completing the transaction with the buyer within 45 days, 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.
Fee Avoidance: The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and posting the items. Sellers may not charge excessive shipping fees or otherwise avoid fees. You may not alter the item’s price after a sale for the purpose of avoiding matcha5 transaction fees, misrepresent the item’s location, or use another user’s account without permission. Sellers may not encourage buyers to purchase an item listed on matcha5 outside of the matcha5 site, such as directly through PayPal. This may also constitute fee avoidance.
PROHIBITED, QUESTIONABLE AND INFRINGING ITEMS AND ACTIVITIES
You are solely responsible for your conduct and activities on and regarding to matcha5 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 matcha5.
Restricted Activities: Your Content and your use of matcha5:
By uploading Content to matcha5 you promise that you own and/or have the right to use such Content in this manner and that such Content does not infringe any third party intellectual property rights. In the event that matcha5 receives a complaint in respect of any Content posted by you it shall be your sole responsibility to deal with such a complaint and to compensate matcha5 for any loss suffered. matcha5 reserves the right to remove any such Content immediately.
By uploading Vendor images to matcha5, you agree that matcha5 has the right to use your images to promote matcha5 and/or your Vendor store in any external press as well as across all matcha5 Websites.
Re-Posting Content: By posting Content on matcha5, it is possible for an outside website or a third party to re-post that Content. You agree to hold matcha5 harmless for any dispute concerning this use. If you choose to display your own matcha5-hosted image on another website, the image must provide a link back to its listing page on matcha5.
Idea Submissions: matcha5 considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the “Material”) to be non-confidential and non-proprietary, and matcha5 shall not be liable for the disclosure or use of such Material. If, at matcha5’s request, any member sends Material to improve the site (for example to customer support), matcha5 will also consider that Material to be non-confidential and non-proprietary and matcha5 will not be liable for use or disclosure of the Material. Any communication by you to matcha5 is subject to this Agreement. You hereby grant and agree to grant matcha5, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the systems, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.
INTERACTIONS WITH OTHER USERS
Users are solely responsible for interactions with others. Users understand that matcha5 does not in any way screen its users. All users agree to exercise caution and good judgment in all interactions with others, particularly if meeting offline or in person.
You may communicate with other matcha5 members through ‘Ask a Question’ system. Messages are primarily intended for communicating about transactions and orders that are underway.
matcha5 does not control the Content provided by users that is made available on matcha5. 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.
Additionally, there may also be risks dealing with international trade. By using matcha5, you agree to accept such risks and that matcha5 (and matcha5’s officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any acts or omissions of users on matcha5. Please use caution, common sense, and practice safe buying and selling when using matcha5.
Other Resources: matcha5 is not responsible for the availability of outside websites or resources linked to or referenced on the Site. matcha5 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 matcha5 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 or via pop ups which may appear when accessing the Site from your computer.
RESOLUTION OF DISPUTES AND RELEASE
In the event a dispute arises between you and matcha5, please contact matcha5.
Any dispute arising from or relating to the subject matter of this Agreement shall be subject to the exclusive jurisdiction of the courts of Singapore. Use of the Site is not authorised in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section.
Should you have a dispute with one or more users, or an outside party, you release matcha5 (and its officers, directors, agents, subsidiaries, joint ventures 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.
matcha5, for the benefit of users, may try to help users resolve disputes. matcha5 does so in its sole discretion, and it has no obligation to resolve disputes between users or between users and outside parties. To the extent that matcha5 attempts to resolve a dispute it will do so in good faith based solely on its this agreement and its policies. matcha5 will not make judgments regarding legal issues or claims and all disputes related to financial transactions will ultimately be determined by PayPal.
matcha5, and other matcha5 graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks or trade dress of Matcha Five Pte Ltd. matcha5’s copyright, trademarks, service markers, logos, business name, domain name, rights in get up and trade dress and all other intellectual property rights may not be used, including without limitation 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.
matcha5 respects the intellectual property of others, and we ask our users to do the same. matcha5 may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be infringing the intellectual property of a third party. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide matcha5 the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (ii) a description of the copyrighted work or other intellectual property that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Without limiting any other remedies, matcha5 may, without notice, and without refunding any fees, delay or immediately remove Content, warn matcha5’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:
MATCHA5, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS PROVIDE MATCHA5’S WEB SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. MATCHA5, ITS OFFICERS, DIRECTORS, EMPLOYEES AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM MATCHA5 SHALL CREATE ANY WARRANTY.
IN NO EVENT SHALL MATCHA5, AND (AS APPLICABLE) ITS OFFICERS, DIRECTORS, EMPLOYEES OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, MATCHA5’S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
MATCHA5’S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF MATCHA5’S OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO MATCHA5 IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) USD100.
YOU AGREE TO INDEMNIFY AND HOLD MATCHA5 AND (AS APPLICABLE) MATCHA5, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE LEGAL FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR BREACH OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
matcha5 does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside matcha5’s control or otherwise.
LEGAL COMPLIANCE AND TAXES
You shall comply with all applicable domestic and international laws and regulations regarding your use of the Site and any matcha5 service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site.
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.
You and matcha5 are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
CHOICE OF LAW
This Agreement shall in all respects be interpreted and governed by the laws of Singapore.
Sections What is matcha5 Marketplace, matcha5 Marketplace Is A Venue, Membership Eligibility, Fees And Services, Listing And Selling, Prohibited, Questionable And Infringing Items And Activities, Content, Information Control, Interactions With Other Users And Private Messaging, Resolution Of Disputes And Release, Intellectual Property, Breach, Privacy, No Warranty, Liability Limit, Indemnity, No Guarantee, Legal Compliance; Taxes, Severability, No Agency, matcha5 Service, Choice of Law, Survival, Notices, Disclosures shall survive any termination or expiration of this Agreement.
Except as explicitly stated otherwise, any notices shall be given by post to matcha5 A’Posh BizHub #07-27, 1 Yishun Industrial Street 1, Singapore 768160 (in the case of matcha5) or, in your case, to the email address you provide to matcha5 (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, matcha5 may give you notice by post to the address provided to matcha5. In such case, notice shall be deemed given three days after the date of posting.
Please note that matcha5 will deal with all complaints (on valid receipt of your notice) as soon as they can and within a reasonable timeframe.